Can You Sue for a Dog Bite?
Can you sue for a dog bite?
The state of California has a strict policy when it comes to personal injuries from dog bites, but there are still a few things to consider.
In this article, we’re taking a closer look at California law regarding injuries caused by dog bites so you know how to move forward.
Can You Sue for a Dog Bite?
When aggressive dogs lash out and bite, victims often suffer devastating injuries, like lacerations, puncture wounds, and infection. If the bite is severe enough, it can even result in permanent disfigurement and/or pain.
California is home to one of the strictest dog bite laws in the country. If you or someone you love is bitten, you have certain rights – including the right to sue the owner for compensation. But just because you can, does not mean it’s the best option for you or even that you will succeed. For the best results, we recommend contacting a dog bite attorney who can assess the information and guide you in the best direction.
In the meantime, you can take action by getting to know California’s dog bite laws, how they work, and what elements might affect your success.
So, can you sue for a dog bite?
California’s Dog Bite Statute Explained
Nearly all states classify dog bites as a type of personal injury; this is also the case for California. However, the state does have its own concrete statute concerning dog bites – it falls under section 3342 of the Civil Code.
“The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”
Essentially, owners are directly liable for any harms stemming from the behavior of their dogs. This is true in both public and private spaces (on the street, in the local park, and even in their own front yard or home).
The statute specifically excludes people who are bitten or taken down by police dogs and/or military dogs while committing a crime (breaking and entering). Someone who is engaging in illegal behavior is not considered to be “lawfully in a private place.”
Thus, a criminal cannot sue the police for allowing a K-9 to bite them.
Note that the statute also specifically states that it remains in place “regardless of the owner’s knowledge of such viciousness.” This is important; it essentially negates the risk of the owner claiming they weren’t aware of the dog’s aggressive nature (this may happen when a dog is adopted from a shelter or the street).
Related: What to do if Your Dog Bites Someone
Liability, Loss, and More
“Liable” is a specific legal term that essentially means “responsible” or legally answerable. It means the owner must compensate you if you experience specific types of loss or harm as a result of a dog bite. Compensation is called “damages,” and is usually defined as a specific sum of money.
The courts will ask that you define and link the dog bite with the type of loss you experienced. Due to the nature of this specific incident, this is usually some kind of financial impact – e.g., medical bills, pain and suffering, disfigurement, disability, or loss of time at work/income.
You must also show clear and direct evidence of the link between the dog bite and the type of loss you experienced. You can sue someone for medical bills associated with bite wound care. You probably can’t sue the owner if you get into a car accident with an unrelated party later on that day.
You also cannot sue someone if there isn’t any type of loss or harm. If a dog nips you, for example, yet leaves no marks and doesn’t break the skin, and there is no fallout from the incident, you probably don’t have an adequate case.
Bite Laws Are Bite-Specific
One fact people often overlook about California’s bite statute is that it is extremely specific to bites only. If a dog injures or harms you in some other way (for example, causing severe scratches to your face), the bite statute does not apply. The injury or harm must be caused by a bite, and a bite only, in order to qualify.
Of course, that doesn’t mean you don’t have any recourse at all in such situations. In fact, other areas of the civil code ensure you retain the right to sue for compensation in these situations, too, especially if the owner failed to control their dog. This is still considered to be a type of negligence on the owner’s part.
Why is this noteworthy? It changes the burden of proof and what evidence you have to show to be successful in court.
If a dog bites you, you don’t have to prove the owner’s failure to secure them or properly control them. The fact that they bit you, and you experienced harm or loss, is considered proof enough (called strict liability).
On the other hand, if a dog pushes you over and you break your leg, but there is no bite involved, the burden of proof increases. You must be able to show that the owner failed in their duty of care.
The importance of this difference cannot be understated. It can make or break a case depending on the circumstances, and it almost guarantees that bite cases have a higher chance of succeeding in court.
Next Steps
You’ve read through the information presented here, and you’re certain you have a case. How do you move forward with filing your case in civil court?
First, do not proceed until you’ve consulted with an attorney who specializes in dog bite cases at least once. While the California Civil Court does not allow legal representation in small claims court, you do have the option to ask for assistance with reviewing the evidence and deciding how to present your information beforehand. This can be incredibly valuable, as it ensures you don’t inadvertently overlook legal loopholes and potential pitfalls along the way.
If you are ready to file an official complaint, look up the address for your local County Clerk’s office at this link. Then, compile your evidence and ask the representative to provide you with copies of any official forms that pertain to your complaint. This will generally include at least a CM-010 Civil Case Cover Sheet and the Sum-100 Summons Form.
Fill these documents out in full and return them to the clerk; you will be asked to pay a small fee to schedule your case in with the courts.
Once the case is entered into the system, you must serve the other party with notice and give them a chance to respond. They can request that the court dismisses the case if they feel you don’t have any standing. Assuming that this doesn’t happen, your case will proceed until you have your day in court.
Conclusion
So, can you sue for a dog bite?
Yes, but the injury must have occurred under specific criteria outlined by the law. The state of California provides clear guidance from a legal standpoint, so it’s best to refer to the points we’ve outlined above. For assistance, consider contacting a dog bite attorney if you’re still not sure if you have a case.
If you need help, we can help you connect with an attorney who handles such cases.
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