In California, strict liability laws hold dog owners responsible for injuries caused by their pets, regardless of prior knowledge of the dog’s aggression or negligence. These laws simplify the process for victims seeking compensation for medical bills, lost wages, emotional trauma, and other damages. If you’ve been bitten by a dog in California, the dog owner is automatically liable for your injuries if the bite occurred in a public place or while you were lawfully on private property
We specialize in helping dog bite victims navigate strict liability laws and pursue the compensation they deserve. Let us handle the complexities of your case while you focus on healing.
What Is Strict Liability in Dog Bite Cases?
Understanding How Strict Liability Laws Work
Under California’s strict liability laws, dog owners are automatically liable for any injuries caused by their dog, without the need for the victim to prove negligence or prior knowledge of the dog’s aggressive tendencies. The law applies as long as the victim was lawfully on private property or in a public space and did not provoke the dog.
This differs from negligence-based claims, where you must prove that the owner failed to exercise reasonable care. Key aspects of strict liability include:
- No Need to Prove Negligence: Unlike standard personal injury claims, you do not have to show that the owner acted carelessly or negligently. The owner is liable simply because their dog caused harm.
- Applies Regardless of Prior Behavior: Strict liability covers dog bite cases even if the dog has no history of aggression or previous attacks. The owner’s responsibility remains, ensuring that victims are protected regardless of the dog’s past behavior.
- State-Specific Laws: California’s strict liability statute applies when a dog bite occurs in a public space or when the victim is lawfully present on private property, such as being an invited guest, service provider, or worker. The law also allows certain defenses, such as provocation or trespassing, which can limit or eliminate the owner’s liability.
Strict liability laws are designed to protect victims and make it easier for them to recover compensation without the burden of proving that the owner was at fault.
How Strict Liability Differs from Negligence Claims
Strict Liability vs. Negligence: Key Differences
In dog bite cases, the legal approach differs depending on whether the case involves strict liability or negligence. Here’s how the two differ:
- Negligence Claims: Negligence claims require the victim to show that the dog owner failed to exercise reasonable care in controlling the dog, such as ignoring leash laws, not properly restraining a known dangerous dog, or neglecting to warn visitors about the dog’s aggressive tendencies. This can be more challenging than strict liability claims, where the owner’s knowledge or precautions are not factors. This might include ignoring leash laws, failing to restrain a known aggressive dog, or not warning visitors about the dog’s behavior.
- Strict Liability Claims: Strict liability claims remove the burden of proving the dog owner’s negligence, as liability is established solely based on the fact that the dog caused harm. This approach simplifies the process for the victim, ensuring a quicker path to compensation without needing to demonstrate that the owner violated local ordinances or acted negligently.
Strict liability simplifies the claims process for victims by removing the need to prove negligence and assigning responsibility to the dog owner, which can streamline the path to compensation.
When Does Strict Liability Apply?
Situations Where Strict Liability Dog Bite Laws Are Enforced
In California and many other states, strict liability applies in specific circumstances where the law prioritizes victim protection over proving fault. These include situations such as:
- The Victim Was Lawfully on the Property: If the person bitten was a guest, worker, or otherwise lawfully on the dog owner’s property, strict liability laws typically apply.
- The Attack Occurred in a Public Space: If the dog bite occurred in a public area, such as a park or sidewalk, the dog owner is likely to be held strictly liable for the attack.
- The Victim Was Not Provoking the Dog: For strict liability to apply, the victim must not have engaged in actions that could reasonably provoke the dog, such as teasing, hitting, or deliberately intimidating the animal. The burden may be on the dog owner to demonstrate that the victim’s actions directly caused the dog to attack.
- No Prior Aggression Is Required: Unlike negligence claims, which may require the dog to have a history of aggression or prior attacks, strict liability applies even if the dog had never bitten anyone before.
Our team will assess the specific laws in your state and ensure that your claim is filed under the correct legal framework to maximize your chances of recovery.
How We Can Help You Pursue a Strict Liability Claim
We’ll Fight to Hold the Dog Owner Liable for Your Injuries
We have extensive experience handling strict liability dog bite cases. Our legal team will guide you through the process of filing a claim, ensuring you receive the compensation you need for your recovery. Here’s how we help:
- Evaluate Your Case Under Strict Liability Laws: We will analyze the circumstances of your case to confirm that California’s strict liability laws apply, and we will explain how these laws can streamline the process for you. Our team will guide you through the legal requirements and potential defenses to ensure a solid claim.
- Collect Evidence of the Attack: Although proving negligence is unnecessary under strict liability, we will gather supporting evidence—such as medical records, photographs of the injuries, eyewitness accounts, and any reports of the dog’s prior behavior—to reinforce your case and ensure the maximum compensation is obtained.
- Handle Insurance Negotiations: Our team will negotiate with the dog owner’s insurance company to secure a fair settlement for your medical expenses, lost wages, and pain and suffering.
- Prepare for Court if Necessary: If the insurance company refuses to offer a fair settlement, we are prepared to take your case to court to ensure you get the compensation you deserve.
You don’t have to navigate strict liability laws alone. Our team is here to make the process as smooth as possible and ensure that you are fully compensated for your injuries.
Common Defenses in Strict Liability Cases
Potential Challenges and How We Overcome Them
While strict liability laws make it easier to hold a dog owner accountable, there are still some defenses that the owner or their insurance company may try to use, including:
- Provocation Defense: Dog owners may raise the provocation defense, arguing that the victim’s actions, such as teasing or striking the dog, directly led to the attack. We will present evidence to demonstrate that the victim did not provoke the dog, or if actions did occur, they were not significant enough to justify the dog’s response. Provocation could include teasing, harming, or threatening the dog. We’ll gather evidence to prove that the attack was unprovoked or that the victim’s actions did not amount to provocation under the law.
- Trespassing Defense: Strict liability laws generally do not protect trespassers. However, we will work to establish that the victim had legal authorization to be on the property at the time of the incident, such as by being an invited guest, contractor, or someone performing a legal duty, to counter the trespassing defense.
- Assumption of Risk: In some cases, the owner may claim that the victim knowingly approached the dog and assumed the risk of injury. We’ll challenge these defenses by demonstrating that the victim did not willingly put themselves in harm’s way.
Our team is prepared to handle these defenses and ensure that the strict liability rules are properly applied to hold the dog owner responsible for the attack.
Frequently Asked Questions
FAQs About Strict Liability Dog Bite Cases
Do all states have strict liability laws for dog bites?
Not all states follow strict liability laws for dog bites. Some states adhere to a ‘one-bite rule,’ which only imposes liability if the dog has a known history of aggression. In states without strict liability laws, victims may need to prove the dog owner’s negligence to recover compensation.
Can I still file a claim if the dog has never bitten anyone before?
Absolutely. California’s strict liability statute allows you to file a claim even if the dog has never previously exhibited aggressive behavior or bitten anyone before. The law holds dog owners accountable regardless of the dog’s past actions.
How much compensation can I receive in a strict liability case?
Compensation in a strict liability case can include economic damages, such as medical expenses, rehabilitation costs, and lost income, as well as non-economic damages like pain and suffering, emotional distress, and loss of quality of life. The total amount will depend on the nature of your injuries and their impact on your daily life.