Can You Sue the Dog Owner for a Bite If There Was No Prior Attack?
A prior attack isn’t necessary for you to sue the owner of a dog that bit you. States are divided on when an owner should be held accountable for a dog bite. Under California law, there is “strict liability” for owners, so there’s no need to prove they should’ve known their dog was a problem and done something to prevent the attack. Orange County dog bite Hicks Law Firm PC represents dog bite victims and will discuss how California law handles liability.
If you’re injured by a dog bite, seek help from Orange County dog bite attorney Aaron Hicks. He can start the process of obtaining compensation for your injury and how it has impacted your life. The Orange County dog bite Hicks Law Firm PC has helped thousands of clients, and we can help you too. Call 949-541-9944 or fill out our online contact form to learn more about your next steps.
What Does California Law Say About Dog Bite Liability?
California statute says in part:
“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. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner.”
What it doesn’t say is also important. The owner isn’t strictly liable if you’re trespassing or you’re otherwise NOT:
- “…lawfully upon the private property of such owner…”
- “…on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States…”
- “…on such property upon the invitation, express or implied, of the owner.”
The statute also excludes from liability law enforcement and military organizations when their dog bites you when it’s defending itself or assisting the agency in performing its mission.
The lesson to be learned is you’ll benefit from strict liability if you’re bitten by a dog when you’re acting legally and reasonably in a place where you’re lawfully present.
Would You Want to Sue the Dog Owner?
If strict liability applies to the situation where your bite occurred, it’s not necessarily a good idea to jump in with a lawsuit because it can consume a lot of resources. If the dog owner lives in their own home or is a renter, they may have insurance to cover the claim. You could file a claim with their carrier and request compensation. This is how most personal injury cases work.
But there are no guarantees. Dog bite claims are a significant drain on insurance carriers. A company may not cover dog bites or bites by certain breeds or limit what they’ll pay. If the owner doesn’t live up to their obligations under the insurance contract (they have a prohibited dog breed, or they don’t tell their insurer they own a dog), there may be no policy coverage for your claim.
In this situation, the dog owner may pay you from their personal resources, assuming they can do so.
Most dog owners should be smart enough to want insurance coverage and will do what’s necessary to get it. Assuming there’s coverage, our job is to put together a fair and effective claim that will get you the most compensation possible for your injury and how it’s impacted your life.
Given California’s strict dog bite liability law, the insurance carrier probably won’t dispute the owner is on the legal hook. They’ll probably argue your damages aren’t as high as you claim, so they shouldn’t pay as much as we would like them to. Nearly all these cases are resolved through negotiations, so a lawsuit probably won’t be necessary.
If the insurance carrier isn’t being reasonable with their offer and refuses to compensate you as they should, a lawsuit is an option you can take. If the owner is clearly liable under California law, the trial may only focus on the harm you endured and how much the insurer should pay you.
Contact Orange County Dog Bite Hicks Law Firm PC
Orange County dog bite attorney Aaron Hicks can help you obtain compensation for injuries suffered due to a dog bite. California law generally favors victims, and the dog owner may have insurance to cover your losses.
If you’re bitten by a dog and seriously injured, call the Orange County dog bite Hicks Law Firm PC. With our help, you can get the compensation you deserve. We offer FREE initial consultations so you can get the answers you need – when you need them. Call us at (949) 541-9944 or fill out our confidential contact form.
Aaron Hicks is a civil trial attorney and founder of Hicks Law Firm, based in Orange County with offices in San Diego and Tennessee. His practice includes representing plaintiffs in personal injury cases including motor vehicle accidents, premises liability, dog bites and wrongful death. Mr. Hicks is and AV Rated attorney, Super Lawyer and is currently on the Board of Directors of the Orange County Trial Lawyers Association where he serves as 1st Vice President.
