California offers a variety of opportunities for owners to let their dogs burn off energy by exploring and roaming around. One such option is the presence of one of the many different stores throughout the state that allow dogs. Whether it be stores, cafes, or bars, these establishments serve as excellent gathering spots for dogs and their owners, Despite encouraging socialization and playtime, there is a chance that dogs may still display protective behavior and end up biting someone at one of these places.
In California, the general rule under normal circumstances is that a dog’s owner is held responsible for any injuries or damages resulting from a dog bite due to the state’s “strict liability” statute. However, when a dog bite occurs within the confines of a dog-friendly store, determining liability can become a bit confusing. That’s why it’s important to understand how the process works, and what your legal options are.
Speak With Experienced California Dog Bite Lawyers
Don’t face the burden of a dog bite injury in California alone. Regardless of the severity of your injuries, you have the right under California law to seek support and damages from the dog’s owner.
By speaking with our experienced California dog bite lawyers at Maison Law, you’ll discover what you need to do fully explore other legal options. Insurance companies may try to diminish the value of your claim, but with our expert team by your side, we’ll ensure any potential claim you have remains strong.
Take the first step towards getting the benefits and support you need by contacting us and scheduling your free consultation today.
What Stores in California Allow Dogs?
California is home to a growing number of stores that embrace a culture and welcome dogs. Many of these places throughout the state recognize the importance of accommodating owners and their dogs. Moreover, there are a wide variety of different stores in California that allow dogs, such as:
- Pet stores – Naturally, most pet stores are dog-friendly and welcome dogs on leashes. Some even offer treats and water stations for pets.
- Outdoor markets – Some farmers’ markets and outdoor flea markets may allow well-behaved dogs on leashes.
- Retail chains – Some national retail chains, particularly those that sell pet supplies or have a pet-friendly policy, usually allow dogs. However, this can vary from store to store within the chain.
- Home improvement stores – Some home improvement stores like Lowe’s or Home Depot may permit dogs in their stores. This largely depends on local ordinances.
- Bookstores and Cafes – Some smaller bookstores and cafes with outdoor seating areas may allow dogs to accompany their owners.
- Craft or Hobby Stores – Some craft and hobby stores may permit dogs inside, especially if they are well-behaved and on leashes.
- Some Restaurants and Bars – Some restaurants and bars with outdoor seating may allow dogs on their patios. However, this also depends on local health regulations.
- Shopping centers – Some shopping centers and outdoor malls are and allow leashed dogs in common areas.
While it’s certainly an added bonus that these stores allow dogs, it also opens up the possibility of suffering a bite incident. Dog bites happen at many stores in California, but the truth is that most, if not all, of them can be avoided. However, if you experience a dog bite, it’s important to know how to react.
What Do You Need To Do After a Dog Bites You at a Store in California?
After a dog bite at a California store, the immediate aftermath is crucial for your well-being and any potential claim you may have. Dog bites usually always require immediate medical attention to address the wound and prevent infections, which are common in these cases. Besides seeking medical help, here are some other important steps to take:
- Document the incident – If possible, document what happened. Take note of the time, location, and circumstances of the bite. Remember any details about the dog, its owner, and the store.
- Report the incident to the business owner or management – Let an employee or manager know about the dog bite. This helps them keep records and address any potential dangers from aggressive dogs.
- Find witnesses – If a dog bite happens at a store, there will likely be witnesses to the incident. Try to find anyone who saw it, as they can provide valuable information for medical care and potential legal matters. Get their contact information for future reference if necessary.
- Stick to your doctor’s wound-cleaning guidelines – The biggest risk after a dog bite is infection from the dog’s saliva. Your doctor will provide specific instructions for cleaning the wound to avoid complications like rabies, tetanus, or cellulitis. By taking these steps, you can safeguard your health and gather essential information for any legal or insurance claims related to the dog bite in California.
- Preserve evidence – Keep any evidence related to the incident, such as photographs of the bite, torn clothing, or any other relevant items. This can be valuable if you decide to pursue a claim.
Keep in mind that following these steps will safeguard your health and gather crucial information for possible legal or insurance claims after a dog bite incident in California.
What Does California Law Say About Dog Bites?
California law addresses dog bites occurring across the state through statutes found in Section 3342 of the California Legal Code. In California, dog bites are governed by a “strict liability” principle, meaning the dog’s owner is:
- Entirely responsible for any injuries their dog causes, regardless of intent.
This legal doctrine holds owners liable for any harm caused by their dogs, emphasizing their accountability for their pets’ actions.
Is the store liable?
Even with strict liability in place, when a store or business allows dogs on the premises, they may share some culpability with the owner in the event of a dog bite. While it depends largely on the circumstances of the incident, the store may be liable for a dog bite if certain conditions are met:
- Knowledge of the dog – If the store owner or management was aware of the presence of a dangerous or aggressive dog on their premises and failed to take appropriate action to prevent potential harm, they may share some liability.
- Control and Supervision – If the store exercises control over the area where the dog bite occurred and had the responsibility to supervise the dogs present, they could be held responsible for any injuries caused by the dog.
- Dog-related activities – If the store is a dog-related establishment, such as a pet store, dog grooming facility, or dog park, they may have specific responsibilities for ensuring the safety of visitors and customers, including monitoring and controlling dogs on their premises.
- Negligence – In some cases, if the store owner or staff acted negligently, such as leaving a gate open or failing to address known issues with aggressive dogs on the premises, they may share some liability for resulting dog bite injuries.
In California, even with the strict liability statute for dog bites, there are situations where your own level of fault in the incident could affect the compensation you receive. This is called “comparative negligence.” In any injury case in California, comparative negligence is taken into account. For dog bite cases, if you were trespassing on the owner’s property or provoked the dog to attack, it may impact your ability to pursue a claim. However, regardless of the circumstances, you’ll need to know what you can recover in a claim.
Recoverable Damages in a California Dog Bite Claim
When you’ve been bitten by a dog at a California store, it can be extremely serious and cause substantial harm. The forceful jaws of dogs can lead to severe injuries as they tear at the skin and muscles. Furthermore, the bacteria in a dog’s saliva often cause infections in the bitten area. Besides the physical injuries, these traumatic events also leave lasting emotional and psychological damage.
Thus, In a California dog bite claim, all of these factors play a role in determining the damages that can be recovered, which include:
- Medical expenses and continuous treatment, such as rehabilitation.
- Compensation for physical and emotional pain.
- Damages for emotional distress.
- Reimbursement for lost income.
- Any property damage resulting from the incident
- Punitive damages, in cases where the dog owner or property manager’s negligence is especially severe.
While there are laws in place that handle dog bites in California, every case is unique. Thus, a positive outcome cannot be guaranteed. Nevertheless, our team of skilled and experienced California dog bite lawyers will stand by your side, guiding you through the claims process, and ensuring your claim is as strong as possible.
Dedicated California Dog Bite Lawyers Will Stand By Your Side
A store that allows dogs should be a safe place for your pet to enjoy the outdoors and socialize with others. However, with multiple dogs present, there’s always a risk of biting incidents.
If such incidents occur to you or a loved one, our skilled California dog bite lawyers at Maison Law are here to stand by your side throughout the claims process. We have extensive legal knowledge and can provide a free consultation to answer any questions you may have. Contact us today to set up yours.