Under California law, you can prove scienter or negligence to make others responsible for your injuries.
Scienter is another fancy legal term meaning, prior knowledge of wrongdoing. If a dog has bitten someone before, and a person knows about it, the next the dog bites someone, they may be liable for scienter. “[T]he keeper of an animal of a species dangerous by nature, or of any animal which he knows, or has reason to know, to have dangerous propensities, is liable, without wrongful intent or negligence, for damage to others resulting from such a propensity."
This is an old theory of liability that doesn’t apply in a lot of cases because Civil Code 3342 was enacted to abolish this theory. But it can still be useful if your case involves someone other than the owner of the dog (such as a caretaker, family member, roommate etc.)
Another theory of liability is negligence. Someone who possesses or harbors an animal which they do not know to be dangerous, is still liable if they are negligent in failing to prevent the harm.
If there is a bite, Civil Code 3342 is usually the best theory of liability. However, you should always plead scienter and negligence. Strict liability is strong, but narrow. There must be a bite, and you can only sue the owner. So let’s say the owner of the dog has no assets and there is no homeowner insurance (which usually covers dog bites). If someone else is also responsible, you may try to bring them into the case with one of these other theories. Also, if there wasn’t actually a bite, you can’t use Civil Code 3342.
There are exceptions dog owners can use to avoid liability. For example, if the person you are suing is not the dog’s owner, they are not liable. if you were trespassing onto private property the owner might escape liability. You must obviously prove which dog bit you. Another defense to CC 3342 is that there was no bite, since the statute specifically mentions bites in the text.
While the statute appears to impose strict liability on dog owners, California courts have allowed defenses based on provocation, comparative negligence and assumption of risk. Basically, if you provoked the dog, somehow negligently caused the attack, or assumed the risk of being bitten.
The answer is, generally two years. Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.
This is called a statute of limitations. In other words, the maximum time you have to file a lawsuit against the person who caused your injuries. In dog bite cases, you have two years from the date of the bite, to sue the other or anyone else responsible.
This is important, because once this time runs out, you can’t file a lawsuit anymore. That means, the other side can just ignore you forever as you have no recourse.
Government claims are different. First, you need to check the dog bite statute to be sure no immunity in the statute applies. Second, you have 6 months from the date of the accident to file a Government Claim. If they deny your claim, which they often do, you have 6 months from the date you receive the rejection to file a lawsuit. However, if the government never responds to your claims, you can file a lawsuit within 2 years of the date of accident.
While 2 years seems like a long time, it goes by fast. So you should never wait to speak to a qualified car accident lawyer. Consultations are usually free, so there is no cost to speak to, or even hire an attorney.
That depends on the city you live in, but most cities will have ordinances controlling dog leash law. For example, in San Diego if you are in the house, you must control your dog via voice or electronic containment system, or physically and humanely restrain them with a leash, fence or other enclosure.
If you are walking your dog, or otherwise bringing her to a public or private property, the dog must be on a leash no longer than 6 feet.
If so, you must move fast to protect your rights. You need to be sure the other vehicle doesn’t have any insurance (or is underinsured). Then you need to be sure you carry uninsured/underinsured (UM/UIM) coverage on your own policy.
You can read more here Uninsured and Underinsured Motorist Accident Law in California
You must be able to prove the following at a minimum:
If the person you are suing is not the owner, then you need to show they were negligent and this negligence caused the injury, or that the person kept or harbored the dog, and knew it previously bit someone or was so aggressive it would definitely bite someone one day.
Each case is different, and even two cases with almost identical facts may have two different juries give two different amounts. But at a minimum you will receive what’s called special damages, or economic damages. These are hard expenses that are easily quantified, such as:
Then there are general damages. These are also called non-economic damages and are comprised of very hard to define injures such as pain, suffering, inconvenience, depression, mental anguish, fear, anxiety, and so on and so forth. In order to maximize case value in this area, your story needs to be told to the jury. How did the injuries affect your life? Was it a behavior changing injury? Did it disrupt the relationship between you and your family, especially children and spouses? Is there scarring, especially in a visible area, like your face?
The average value of a dog bite case is $27,000.00 to $30,000.00 but as this is just an average, it has no bearing on the value of your case.
Technically, under the law, the owner of the dog is responsible for your injuries - California Civil Code 3342. So they are the ones legally obligated to pay. The problem is, up to 75% of dog bite victims are friends, family or neighbors to the dog owner. So victims often worry how they are going to be compensated, because they don’t want their family members and friends to feel the financial burden.
That’s where insurance comes into play. If the dog owner has home owners (and sometimes renter’s) insurance, dog bites are often covered under these policies. One third of all homeowner insurance claims involve dog bites. Please note some policies will exclude coverage for dog breeds considered dangerous.
So how do you find out if the dog owner has insurance? Simple. Ask them. Let them know, if they have homeowners or renters insurance then it will likely cover the dog bite injuries. If the dog owner is a business, they’ll likely have liability insurance and if they don’t, you can go after business assets if needed.
It is possible the dog owner may still lie to you about insurance (even though it’s in their best interests to reveal the insurance). Even if they deny having any insurance, don’t give up on your rights. An experienced attorney will have ways to discover insurance coverage if there is any, and/or if there are other people who may be responsible for your injuries.
Not always. There are 850,000 dog bites a year requiring medical attention, and roughly 20,000 insurance claims a year, those cases where injuries are not severe can be handled without hiring lawyers and involving the insurance companies. Small cases can be handled between the parties, or even in small claims court.
Even if you might not need an attorney for your case, it doesn’t hurt to speak with one, since most lawyers provide free consultation, and most dog bite lawyers will work on a contingency basis which means it does not cost you anything to hire the attorney.