When a person suffers a dog bite, the owner or whoever was responsible for the dog when the bite occurred can be held liable for the damages inflicted by the dog. However, if the dog is a non-aggressive canine, not known for biting people, then the owner may have a defense to protect them from liability, depending on the details of the incident. For example, if a non-aggressive dog was provoked into biting someone, then the owner may not be liable for the actions of their dog. Each dog bite accident, however, is different, and some defenses may or may not apply. For that reason, it is important to consult with an experienced Dog Bite Attorney if you’ve been injured in a dog bite accident to understand what legal options are available to you.
Common Defenses for a Dog Bite in California
Dog owners facing liability for a dog bite in California have legal defenses they can use to protect themselves when someone is injured by their dog. Common legal defenses for a dog bite include:
- Provocation: if the dog bite victim provoked the dog or engaged in aggressive behavior
- Trespassing: if the victim was bitten due to unlawful trespassing on the property
- Lack of injury: if the victim was not significantly harmed and no medical treatment was required
- Assumption of risk: if the victim was aware of the risk of interacting with the dog
- Contributory negligence: the victim was careless, which resulted in the dog bite
- Lack of causation: the owner’s actions did not cause the bite to occur
Defenses to Dog Bite Liability According to California Law
An exception to dog bite liability is if a person was unlawfully on someone else’s property and they were bitten by their dog. This is covered under California Civil Code Section 3342 (a), which specifies that a person is lawfully on private property once they’re invited by the owner or asked to perform any duty imposed upon them by the state of California or postal regulations of the United States.
The law clarifies in California Civil Code Section 3342 (b) removes dog bite liability from government agents dogs, stating:
“Nothing in this section shall authorize the bringing of an action pursuant to subdivision (a) against any governmental agency using a dog in military or police work if the bite or bites occurred while the dog was defending itself from an annoying, harassing, or provoking act, or assisting an employee of the agency in any of the following:
- In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect’s involvement in criminal activity.
- In the investigation of a crime or possible crime.
- In the execution of a warrant.
- In the defense of a peace officer or another person.
Dog bite provocation is another exception to dog bite liability. If a dog bite was provoked by a person hitting or teasing the animal, the owner of the dog is not responsible for damages. Dogs are considered to be provoked if a person steps on their tails, hits them with a stick, or intentionally disturbs them while they are eating.
What is Considered a Dog Bite In California?
A dog bite occurs when a dog grabs a person with its teeth and closes its jaw around them. A person’s skin does not have to be broken for this action to be considered a bite. The dog’s attempt to bite is considered a bite because the victim may suffer other injuries attempting to avoid a dog bite, or removing their clothes from a dog’s bite.
Dog Bite Settlement Amounts in California
There is no exact settlement amount for a dog bite claim since each incident varies significantly on various factors such as:
- Extent of damages
- Insurance coverage limit
- Determination of fault
When it comes to your dog bite settlement, the details of your case matter. For example, if you only sustained minor injuries from the attack or you were partially liable for the incident. Partial liability in California does not mean you are not entitled to compensation. It only means your compensation will be reduced by your percentage of fault in the incident.
So, when considering settlements for a dog bite incident, they will generally fall into three categories. These include:
- Low Settlements: minor accidents with little to no injuries can result in a low settlement in the low thousands to cover damage to treat minor injuries.
- Moderate Settlements: moderate settlements can range anywhere from $10,000 to $100,000. These dog bite cases usually involve medical treatment for significant injuries, some missed work, and longer recovery periods.
- High Settlements: high settlements typically involve dog bite incidents with severe injuries, long-term medical treatment, permanent disabilities, or fatalities. Settlements can be substantial, potentially reaching hundreds of thousands of dollars and up to millions of dollars.
Contact a Dog Bite Injury Lawyer
If you’ve sustained injuries from a dog bite, it is advisable to speak with a dog bite lawyer about the incident. At Maison Law, we prioritize the safety and well-being dog bite victims. Dog owners may attempt to discredit your injury and place the blame on you but our firm is aware of dog bite defense tactics and will gather all necessary evidence to prove your claim and protect you from liability. At Maison Law, we help dog bite victims exercise every legal avenue of compensation available and will recommend the best course of action to reach a successful outcome. Contact Maison Law today for a free consultation and case evaluation. There are no upfront costs and you don’t pay a cent until we’ve won your case.
