Being attacked by a dog is a terrifying and traumatic experience. In the aftermath, you’re left with physical injuries, emotional scars, and mounting medical bills. You may know that California law is on your side, but that won’t stop the dog owner’s insurance company from doing everything they can to deny your claim or pay you as little as possible.
To win your case, you need to be prepared for the arguments they will use against you.
This guide will explain California’s powerful dog bite law and break down the four most common defenses insurance companies use to fight these claims. Understanding their playbook is the first step to defeating it.
The Law is on Your Side: California’s Strict Liability Dog Bite Statute
California has one of the strongest dog bite laws in the nation, found in Civil Code § 3342. The law operates on a “strict liability” basis. This means a dog owner is liable for the injuries caused by their dog, even if the dog has never shown any signs of aggression or viciousness before.
Unlike in some other states, you do not have to prove the owner knew their dog was dangerous. If their dog bit you while you were in a public place or lawfully on private property, the owner is responsible. This powerful law is the foundation of your personal injury claim.
Anticipating the Arguments: 4 Common Defenses to a Dog Bite Claim
Despite the strict liability law, the dog owner’s insurance company will still raise defenses to try and blame you for the attack. An experienced dog bite lawyer will anticipate and know how to counter these arguments.
1. The “You Provoked the Dog” Defense
This is the most common defense. The owner will claim you did something to provoke or harass the dog, causing it to attack. They might argue you were teasing the dog or that you accidentally caused it pain by stepping on its tail. While provoking a dog can be a valid defense, the insurance company must prove that your actions were provocative. Simply petting a dog that then bites you is not provocation.
2. The “You Were Trespassing” Defense
California’s strict liability statute only protects people who are bitten in a public place or “lawfully in a private place.” If you were on the owner’s property illegally without their consent when the bite occurred, the owner can use trespassing as a defense to the strict liability claim.
3. The “Assumption of the Risk” Defense
This defense applies to individuals who voluntarily take on a known risk. In the context of dog bites, it is most often used against people who work with animals, such as veterinarians, dog groomers, or kennel workers. The argument is that these professionals understand and “assume the risk” of being bitten as a part of their job.
4. The “It Wasn’t a Bite” Defense
The strict liability law specifically applies to injuries caused by a dog bite. If your injuries were caused by a dog jumping on you, knocking you over, or scratching you, the strict liability rule does not apply. However, this does not mean you don’t have a case. You can still file a claim based on general negligence, arguing the owner failed to properly control their animal.
Does the Dog’s Breed Matter in a California Dog Bite Case?
This is a very common question. Legally, under California’s strict liability statute, the breed of the dog is irrelevant to the owner’s responsibility for a bite. An owner of a Chihuahua is just as liable as an owner of a Pit Bull for the injuries their dog causes. The law focuses on the owner’s responsibility, not the dog’s breed.
However, a dog’s breed can become relevant in a negligence claim against a third party, such as a landlord who knowingly allowed a tenant to keep a dog with known dangerous propensities in violation of a lease agreement.
Can a Landlord Be Held Liable for a Tenant’s Dog Bite?
In some specific situations, yes. While the primary responsibility lies with the dog’s owner, a landlord can be held liable for a tenant’s dog bite, but only if it can be proven that the landlord:
- Knew the specific dog had dangerous or vicious tendencies; and
- Had the power to have the dog removed from the property (for example, by enforcing a “no pets” clause in the lease) but failed to do so. This is a negligence claim and is more difficult to prove than a strict liability claim against the owner.
Can You Win Your Dog Bite Case?
When an insurance company is trying to blame you for your own injuries, it’s easy to feel discouraged. Our free and confidential “Do I Have a Case?” tool can help you get a foundational assessment of your situation and understand the strength of your claim.
Do I Have a Personal Injury Case?
Real-World Success: Our $100,000 Dog Bite Settlement
Our firm has a proven track record of holding dog owners accountable, even when the dog had no history of aggression. We represented a client who was visiting a friend’s home when their dog, without any warning, lunged and bit her on the face, causing significant scarring. Because of California’s strict liability law, the fact that the dog had never been vicious before was not a valid defense. We built a powerful case based on the statute and the severity of her injuries, securing a $100,000 settlement from the owner’s homeowner’s insurance policy.
What Our Clients Say
“My dog and I were recently attacked by a dog at the park. I wanted to talk to an attorney who would be honest about my prospects and not waste my time. Sally Morin is a straight-shooter. She got right to the point and had my best interest in mind the whole time. I would never wish the situation on anyone, but if it happens, you want Sally in your corner!” Mary, Yelp Review
Read Mary L.'s review of Sally Morin Personal Injury Lawyers on Yelp
“I am humbled by the professionalism and customer service that the team of Sally Morin, and specifically the work of Annie Heller. It took 3 years to settle my case (head concussion & dental) the team collaborated and kept me in the loop throughout the journey. It was really important to me to be represented by a women who is compassionate, caring and would fairly represent me. I am so grateful for the opportunity to share my experience with others. Often an accidents happens and it is hard to navigate through all the ads and find someone that has your best interest at hand, and that you can trust. For this reason I felt it important to share my experience with Sally Morin. I highly recommend the trustworthy and compassionate team at Sally Morin!” Denise, Yelp Review
Read Denise K.'s review of Sally Morin Personal Injury Lawyers on Yelp
Frequently Asked Questions About California Dog Bite Cases
Don’t Let an Insurance Company Blame You
After a traumatic dog bite, you deserve to be compensated for your injuries. Don’t let an insurance adjuster intimidate you or unfairly shift the blame. At Sally Morin Personal Injury Lawyers, we have a deep understanding of California’s dog bite laws and a proven history of defeating the common defenses used by insurance companies.
Contact us today for a free and confidential case evaluation to learn how we can help you.
