We love our dogs, but unfortunately man’s best friend does not always play nicely. In Southern California we are fortunate enough to have beautiful weather year around, this means we are among the most active communities in the Country and people are outdoors all the time. People love taking their dogs on walks, runs, to the parks, to dog beaches, and dog friendly businesses/restaurants. At the end of the day our beloved dogs are animals and their actions are unpredictable at times and sometimes violent and cause harm. Being an owner of a dog is a privilege and with that comes great responsibility, including taking financial responsibility for harm caused by your canine companion. An individual may be covered by their homeowner’s insurance or renter’s insurance for dog attacks.
What is the law?
California is what is known as a strict liability state which in dog attack cases means that the owners are liable for harm caused by their dogs, even if the dog has never been aggressive prior to that attack. California Civil Code § 3342 states that an owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place. Contrary to what you might have heard from a friend, dog owners in California are liable for an attack even if the dog had not attacked someone before.
An individual may be entitled to compensation even if a dog did not bite them. If a dog owner does not use reasonable care to properly restrain a dog (i.e. on a leash or fenced into a yard) then the owner may be liable for injuries caused by their dog for jumping up on someone or running over someone and knocking them down.
What compensation can I recover?
Dog attacks can cause a great deal of physical harm ranging from punctures in the skin and wounds, broken bones, nerve damage and even death. Additionally, these attacks are traumatizing and cause victims to suffer emotional distress. A victim of a dog attack is entitled to recover the economic damages including the medical bills for the treatment of their injuries and any lost wages for time missed from work as well as for non-economic damages including the pain and suffering the results from the injuries, emotional distress, and overall loss of enjoyment of life.
In some cases a victim of a dog bit may be entitled to what are known as punitive damages. The circumstances must be that the owner ordered the dog attack or more likely that the dog has attacked people in the past or otherwise shown aggressive behavior and the owner has not made any effort to prevent an attack.
If you or a loved one has been attacked by a dog and have questions please feel free to contact our Oceanside dog bite lawyers. Your initial consultation is free and if you retain our services no fee will be payable to our firm unless we obtain compensation for you.