Dog attacks can strike when you least expect them. Even dogs with no history or viciousness can snap if they feel threatened, scared, or distressed. California law could make it possible for you to be sued if your dog bites another person on your property.
California Dog Bite Law: Who is Responsible?
California’s Civil Code Section 334 has a strict liability law regarding dog bites. The strict liability law makes an individual financially responsible for any injuries or damages caused by a dog, even if the owner is not negligent. California’s strict liability law holds a pet owner liable for any dog bite injury, regardless of fault or if the owner had reason to suspect that the dog was vicious.
There is one exception to this rule:
- The victim was trespassing onto private property when the dog bit him. You are not legally responsible for injuries to victims whose permission is not granted by the victim.
- The victim provoked or harassed the dog. The victim may be held responsible for any injuries or medical bills if he or she instigates the attack.
- The dog was being trained as a military or police canine. The dog, its controller, and the property owner cannot be held responsible for any bite injuries in this situation, provided that the victim was the one the dog was trying to attack.
California’s strict liability dog bit law means that you are responsible for any injuries or property damage caused by your dog. Even if there was a “Beware Of Dog” sign posted on your property, this is still the case. In most cases, a sign like this will not protect you against liability for dog bite injuries. You remain responsible for protecting guests or invited guests from dog bite injuries.
What if the Dog wasn’t Yours?
California’s strict liability dog bit law applies to any dog owner, possessor, or harborer. Even if your dog was being watched by someone else, you can still be held responsible. You could be held responsible if the victim was bitten by a stray dog. Property owners are responsible for all injuries and accidents that occur on their property. You could be held responsible if there is evidence that the landlord or property owner would have taken reasonable steps to prevent the attack by the dog.
California standard homeowners insurance policies will cover dog bite injuries if the policyholder has a pet. The policyholder’s personal property is covered by homeowner insurance policies. This includes dogs. The homeowners insurance company will cover injuries and property damage that are caused by the dog of the policyholder, regardless of whether it occurred on their property.
Summarized from an article by Rose, Klein & Marias Injury Lawyers.
