California’s sidewalks and parks are often shared with canine companions. With a substantial population of dog owners, understanding the legal implications of dog bites in California is essential. The Encino dog bite attorneys explore common defenses in California cases, providing insight into how they are applied and challenged in a legal context.
California Dog Bite Law
California enforces strict liability on dog owners, making them responsible for the harm their dog causes, regardless of the animal’s past behavior or the owner’s knowledge of such behavior. This statute simplifies the victim’s ability to claim compensation as they need not prove negligence on the part of the owner.
California Civil Code Section 3342
Civil Code Section 3342 states that a dog owner is liable for damages if:
- The damages were caused by a dog bite.
- The person bitten was in a public place or lawfully in a private place.
- Despite the strict liability rule, legal defenses can sometimes be raised by dog owners.
Those defenses are important to understand whether you’re a dog owner hoping to mitigate your liability or a victim seeking to anticipate potential arguments against your claim.
Trespassing as a Defense
For a victim to claim under the strict liability statute, they must have been bitten while in a public place or lawfully in a private place. Trespassers – those who are on the property without permission – are not considered lawfully present and therefore may not have the same protections under Civil Code Section 3342.
Provocation as a Defense
Another common defense is that the dog was provoked, leading to the bite. If an owner can prove that the victim teased, harmed, or provoked the dog in a manner that would likely elicit a defensive response from the dog, the owner may not be held liable.
Assumption of Risk as a Defense
Some cases involve a defense based on the victim’s assumption of risk. If the victim knew there was a risk of being bitten and voluntarily took that risk, such as a veterinarian or a dog groomer, the owner may argue that the victim assumed this risk by engaging with the dog professionally.
Comparative Negligence in Dog Bite Cases
In California, if a case goes to trial, the jury could apply the principle of comparative negligence. If the victim had some role in triggering the bite, their compensation could be reduced by the percentage they are found at fault.
Special Exception for Law Enforcement Animals
California law provides an exception to strict liability for military or police dogs that bite while performing their duties. This would apply when the dog is defending itself or someone else, apprehending a suspect, or investigating a crime.
Potential Limitations to Defenses
Not all defenses are equally effective, and a solid understanding of the nuances will help guide both defendants and plaintiffs through the litigation process.
Trespassing Defense Limitations
To be considered a trespasser, the victim must have been on the property without any lawful purpose. A person who enters the property to perform a duty, such as postal workers or utility service employees, may not be so easily categorized as a trespasser.
Provocation Defense Limitations
The provocation defense comes with its own set of limitations. The provocation must be intentional or significantly negligent. For example, accidentally stepping on a dog’s tail may not be considered sufficient provocation to void owner liability.
Steps When Facing a Dog Bite Claim
For those facing a potential claim:
- Gather Evidence: Collect evidence related to the incident, including witness statements, medical reports, and any relevant communications.
- Seek Legal Counsel: An attorney specializing in animal law can offer guidance on the viability of these defenses.
- Communicate with Insurance: Discuss the incident with your homeowner’s or renter’s insurance company, as they may cover damages related to dog bites.
- Avoid Admissions of Fault: Direct all communications through your attorney to avoid any admissions that could be used against you.
Victims of dog bites should:
- Document the Incident: Take photos, gather names of witnesses, and keep all medical records.
- Report the Bite: Notify local animal control about the incident.
- Avoid Confrontation: Do not engage directly with the dog owner; let your attorney handle communications.
Understanding the common defenses in California dog bite cases is vital for both dog owners and bite victims. While strict liability laws favor the victims, certain defenses can play a significant role in the outcome of a case. It is important for owners to know these defenses to protect their interests, and equally crucial for victims to anticipate and counteract them when seeking compensation for their injuries.
Whether you are an owner preparing to defend yourself or a victim gearing up to file a claim, it’s recommended to consult with legal professionals who specialize in this niche area of law. Their expertise can help navigate the complexities of liability, statutory nuances, and courtroom strategies to ensure that the outcome of the case aligns with justice and fairness based on the specifics of the incident.
