Strict liability for dog bites in California greatly helps victims. James Moore is a dog bite attorney who represents injured people. But strict liability was not always the law. Previously, animal liability followed the common law (appellate law that evolved over time). Basically, an owner of an animal was not liable unless they knew of a propensity to do harm. For dog bites, it was called the “one bite rule.” In other words, until the dog bit someone, the owner had no liability. As such, the owner had a defense for the first bite.
Evolution of California Dog Bite Law
In California, the law completely changed in 1953. The state passed what has now become Civil Code section 3342. That provision provides that the owner of a dog is strictly liable if the dog bites someone either in a public place or lawfully in a private place. The statute states: “regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.” With that statute, California abolished the “one bite rule.” Even with a sweet dog with no prior history, the owner is liable. That is what is meant by “strict liability.”
Facts Matter
The facts still matter, however, because factual battles arise. Battles such as the owner of the dog, questions of lawfully on private property, etc. Defendants often argue over the nature and extent of the injuries. Civil Code 3342 carves out an exception for police and military dogs. There can be exceptions to the exception, but that is beyond the scope of this post.
Injuries from dog bites can be severe with the potential for scars, nerve damage, and a long healing time. As with any injury case, it is important to get prompt medical attention and follow through with medical treatment. Likewise, it is important to get prompt legal advice.
Potential Coverage for Dog Bite Liability
Liability is often covered by the dog owner’s homeowners or renters insurance policy. Denials in coverage can happen for several reasons. One reason is because a dog’s breed is expressly excluded in the policy. Another reason is lack of insurance coverage at the time. Some homeowners have California Fair Plan coverage for the structure of their home, but they fail to buy a separate liability policy. Insurance coverage can also be denied because the dog is allegedly owned by a different family member. Sometimes, other reasons for denial come up.
Get Legal Advice
Even with strict liability, it is important to get legal advice to make sure the claim is handled well. Victims who try to handle it on their own risk an insurance adjuster taking advantage of the situation.
James Moore is a dog bite attorney in Auburn, California and handles dog bite cases across the state. Call him to discuss your potential case.