California is a “strict liability” state when it comes to dog bite cases. This means the dog’s owner bears all responsibility for their pet’s behavior. This owner’s responsibility includes any damages or injuries caused by their dog. This liability also includes public and private settings (especially the dog owner’s own property). Unlike some other states that have a “first bite law”, California treats all dog bite cases the same, with strict liability.
In about three-quarters of all dog bite cases the victim will turn out to be a friend, neighbor or relative of the owner. Part of the California dog bite laws were designed to reduce the amount hostility that can result in these cases. With no question to who is at fault or to “blame” California hopes that both parties can maintain their personal relationships while treating the dog bite as a purely technical matter with clear avenues of recourse.
There is help and laws available to dog owners under the California dog bite rules. For example, if the bite occurred on the owner’s property and the person bitten was trespassing or performing an illegal act, the owner is relieved of liability in the case. Then, in most cases veterinarians and their assistants or anyone else who handles dogs as part of their profession cannot seek legal recourse for bites.
We cannot stress enough the importance of getting the assistance of a dog bite attorney for either party in a dog bite case, such exceptions as above can prove confusing for a normal person to deal with. Like most areas of law, previous rulings exist for all types of dog bite cases, but the circumstances of an individual dog bite is most likely unique and should be evaluated on an individual basis.
Also remember, California dog bite laws are designed to protect the public from aggressive pets, they are not meant to be “anti-dog” or “anti-dog owner” laws. Whether you are the plaintiff or defendant in a dog bite case, work with an experienced dog bite lawyer to achieve the most positive outcome with your case.