Understanding dog bite law is important for evaluating dog bite cases. In California, Civil Code section 3342 creates strict liability for dog owners if the dog is in a public place or the person who was bit was lawfully on private property (except for policy and military dogs). There are other ways, however, that dog owners could be held liable for causing an injury.
Negligence as a Theory of Liability
First, is traditional negligence. Negligence consists of the elements duty, breach, causation, and damages. Many cases, including Rowland v. Christian, discuss the evolution of duty. If the dog has a prior history of harming someone, that may create a duty because the dog owner knew or should have known of the dog’s propensity to cause injury.
Second, the doctrine of negligence per se involves the violation of a statute or ordinance. Negligence per se is not really a stand alone cause of action, but exists as a sub part of negligence. Establishing negligence per se helps establish the elements of duty and breach. For example, many cities and counties have a dog leash ordinance. If the dog is running outside the owner’s property that could be a violation of a dog leash ordinance. When the dog then causes injury to someone that is a breach of duty.
“Intentional” Torts
Third, and very uncommon, would be a theory of intentional tort. If someone was using their dog as a means of intimidation, that could be the tort of assault (causing fear of an imminent and unwelcome touching). If someone has their dog trained to attack and gives a command, that could be the tort of battery.
All of these legal principals are much more complex and nuanced than this overview discussion, which is why it is important to get legal advice uniquely tailored to your set of facts.
Get Legal Advice
If you have been injured, get legal advice. James Moore is a dog bite attorney in Auburn in the Gold Country of the Greater Sacramento Area. He is licensed to practice law in California. Call him to set up a consultation.