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Frequently Asked Questions: Dog Bites
Frequently Asked Questions: Personal Injury
Article: Dog Bites
According to the Centers for Disease Control and Prevention, about 2% of the U.S. population – about 4.7 million – is bitten by a dog… » More …
Dog bite laws vary from state to state. In states that have no formal dog bite law, it is often said that the "One Bite" or "One Free Bite"rule applies. Generally speaking, that means that if the dog had previously bitten anyone, then the dog’s owner is strictly liable for any subsequent bites. However, if the dog had not previously bitten, the court will consider whether the dog’s owner had any reason to believe that the dog had a propensity to bite or injure anyone - if so, the dog's owner may be liable even if he had never bitten anyone. Because most states, including California, have adopted specific dog bite statutes, the “one free bite” rule is the exception rather than the rule in most states.
California’s dog bite statute (California Civil Code 3342) holds a dog owner liable for any damages to anyone bitten by the dog, regardless of "the former viciousness of the dog or the owner’s knowledge of such viciousness"; In other words, in California, no dog gets a free bite - that first bite can be the basis of automatic civil liability. A responsible dog owner is expected to make sure that his dog does not bite anyone. Of course, if the dog has previously exhibited vicious behavior, or if the dog’s owner knows that his dog has violent tendencies, the dog's owner will be strictly liable for damages caused by his dog. Furthermore, in California, a dog owner can be liable for any damages (not just bite-related) caused by his dog if the dog owner was negligent. For example, if the dog owner failed to control his dog or violated a leash law, and those failures resulted in the dog causing some damage, the dog owner may be found negligent and have to pay for the damages caused by his dog.
A dog bite victim can get money for all of the following:
- Future medical treatment for future surgeries and treatments, such as those for scar reduction;
- Medication;
- Loss of earnings from work or the victim’s business due to the injury;
- Property damage, such as torn clothing;
- Future disability;
- Pain and suffering;
- The cost of psychological counseling or therapy to help the victim overcome emotional trauma resulting from the attack;
- Other damages directly caused by and related to the incident.
If you have been the victim of a dog bite, you should consult with a dog bite attorney to determine what damages might be available to you and your family.
Even though the dog’s owner is technically liable for damages, in most cases, the dog owner has an insurance policy that covers damages from dog bite incidents. For example, the majority of dog bites occur on the dog owner’s property, so the dog owner's homeowner's or renter's insurance policy most likely covers all damages from the incident. If the incident involved a car (for example, the dog and victim were both in the car), an auto insurance policy may apply. There are only a few instances in which the dog owner may have to pay damages out of his own pocket - if the insurance amount is not high enough to cover the damages, if the dog owner had no applicable insurance, or if the dog owner acted maliciously and intentionally caused the injury.
In some instances, an individual who is not the dog owner may be found liable for injuries resulting from a dog bite if their negligence contributed to the injury. For example, if a landlord knows that his tenant has a dog, but fails to keep the property's gate or fence in repair, allowing the dog to escape and injure someone, the landlord might be liable for negligence. The landlord also might be liable if he knows that his tenant has a dangerous dog on the property and does nothing about it. To determine who might be liable for your injuries, consult a dog bite attorney.
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