Dog Bites

Dog Bites: Strict Liability in California

What Counts as a Dog Bite?

Proving Liability on a Dog Bite Case

When Are Dog Owners Not Liable?

 What Happens to the Dog After a Bite?

Signs the Dog May Have Rabies

Dog Bites: Strict Liability in California

Some states give most breeds of dogs a “one bite” free pass if the owner is not aware of the dog’s aggressive behavior.

This is not the case in California.

California is a Strict Liability dog bite state which means the owner is responsible for all damages caused by the dog whether they knew the dog was dangerous or not.

Of the 4.5 million people injured each year across the country, California is #1 in the number of dog bites per state at about 14% of all dog bites in the US. Because it happens so often in California it is beneficial to know as much information as possible about the law so we know how best to respond if it happens to us.

The California dog bite statute listed here, California Civil Code section 3342 states that the owner of any dog is liable for all damages if:

• A dog bite caused the damages
• The person was in a public place, or legally on private property

This civil code 3342 would not apply if a person was injured from the actions of a dog that did not include a bite. For example, if a dog jumped onto you and scratched or pushed you causing an injury it would only fall under negligence of the owner and would not be included in statute 3342.

What Counts as a Dog Bite?

There are many methods to categorize a dog bite but a well known scale that is often used to explain the different levels of dog bites is Dr. Ian Dunbar’s Dog Bite Scale.

Level 1. Obnoxious or aggressive behavior but no skin contact by teeth.

Level 2. Skin-contact by teeth but no skin-puncture. However, may be skin nicks (less than one tenth of an inch deep) and slight bleeding caused by forward or lateral movement of teeth against skin, but no vertical punctures.

Level 3. One to four punctures from a single bite with no puncture deeper than half the length of the dog’s canine teeth. Maybe lacerations in a single direction, caused by the victim pulling hand away, owner pulling dog away, or gravity (little dog jumps, bites and drops to floor).

Level 4. One to four punctures from a single bite with at least one puncture deeper than half the length of the dog’s canine teeth. May also have deep bruising around the wound (dog held on for N seconds and bore down) or lacerations in both directions (dog held on and shook its head from side to side).

Level 5.  A multiple-bite incident with at least two Level 4 bites or multiple-attack incident with at least one Level 4 bite in each.

Level 6. Victim Dies from wounds or infections from a dog bite.

Even if the dog bite is minor but still results in a trip to the emergency room, the victim should not be responsible for any fees resulting from the bite. Filing a lawsuit for a dog bite is a great way to recover any damages you have suffered because of the attack.

• Prove the negligent party owns the dog
• The incident occurred in a public setting or when the injured was on private property legally.
• The injury was sustained because of the dog bite
• The dog bite was the significant reason for that injury

When Are Dog Owners Not Liable?

In California, dog owners are protected from being sued in a couple of circumstances.

• If the dog is military or police and was being used according to the agency’s written policy
• The dog was provoked
• It was protecting the owner or another individual according to California’s self defense laws
• The victim was trespassing on private property

What Happens to the Dog After a Bite?

California Law requires that an animal be quarantined for 10 days. This is to ensure the dog does not have rabies.

Usually the animal is allowed to be quarantined within the owner’s home. Otherwise, they can be quarantined at the county animal care center.

If the dog remains healthy and shows no signs of rabies after the quarantine then it can be released back into the owner’s care.

The owners may be fined from $100 to $1000 or up to one year in jail if they do not follow the quarantine guidelines.

Signs the Dog May Have Rabies

• Abnormally violent behavior
• Was the dog provoked?
• Younger dogs are more likely to have rabies
• The number of bites and the severity of the bites
• Medical treatment needed from wounds
• Was the dog up to date on their rabies vaccination
• Has the rabies virus been detected in the are within the last month?