Dog Bites

California imposes strict liability, i.e. liability without fault, under specific conditions, on a dog owner whose dog bites a person. This doctrine of holding the owner of a dog strictly liable for dog bites is codified in California Civil Code Section 3342. Strict liability is an expression of public policy based on the concept of fundamental fairness and the wisdom of placing liability on the dog owner because he or she is in the best position to limit the risk and prevent the harm of a dog bite.

California Civil Code Section 3342.5 governs the liability of the owner of a dog that bites a person. Specifically, and in pertinent part, it reads:

(a)The 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, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness…"

This statutory language imposes strict liability on the owner of a dog that bites a person in a public place or lawfully on private property even if the dog had never bitten anyone before and even if the owner had no idea that the dog was vicious or would bite a person. .

Of course, there is also strict liability imposed on owners of dangerous animals, but dogs are considered domesticated animals. Dogs are loved and owned by millions and millions of Americans. However, even the most loved pet may bite a person and cause serious injury.

Dog bites are painful and pose the risk of infection. Generally, physicians will clean and sanitize dog bites, but not stitch the wound closed because of the risk of infection. That means the wound remains open. Open wounds are unsightly and a constant reminder of the dog attack. Also, there are laws and regulations that prevent people with open wounds from working. For example, people with open wounds cannot work in the food industry preparing or serving food.

Dog bites are not only physically painful, but frequently cause significant scarring at the wound site. Some scars are irregular round shaped and other scarring is frequently V shaped. In either case, the scarring, when noticeable, is disturbing and upsetting to the victim. Additionally, dog bites may trigger severe psychological injury including post-traumatic syndrome. According to the bible for diagnosis of mental health disorders, the DSM IV – TR, post-traumatic stress syndrome can result from the threat of great bodily injury or a traumatic event causing serious injury. Nightmares, fears, and worries are common post-bite emotional reactions.

Depending on where a person is bitten, one may lose range of motion of one’s hand, foot or knee. If the bite was deep, the injured victim may suffer nerve damage which results in long-term pain or numbness.

The victim of a dog bite should seek legal counsel as soon as practicable. Please feel free to contact Abel Law Offices for a consultation and evaluation of your case. Abel Law Offices, committed to excellence with integrity and the client’s best interests.