How Can a Dog Owner be Held Responsible for the Damages Caused by a Dog Bite Attack in California? California's Dog Bite Statute Holds the Key to Getting Compensation for Injured Victims
According to the Center for Disease Control Prevention (CDCP), more than 4.7 million people are bitten by dogs each year, with 800,000 requiring medical attention. In addition, according to the insurance information Institute, claims related to dog bites cost the insurance industry $336 million in 2007.
Insurance companies have reacted by either hiking premiums, or, in the cases of historically and notoriously dangerous dog breeds, eliminating coverage altogether. This has specifically affected owners of dog breeds such as Rottweilers, German Shepherds, Akitas, and Pit Bulls. 32 states, including California, have dog bite statutes that make the owner "strictly" liable for any injury or property damage caused by the dog.
Nevertheless, just because California law generally holds dog owners strictly responsible for any damages caused by their dog, there are defenses to a lawsuit brought by the dog bite victim. Generally speaking, there are two clear defenses to the California dog bite statute (Civil Code section 3342): showing either that the victim was trespassing on the dog owners property or that the defendant was not the dog owner or caretaker. In addition, the dog owner may also seek to establish comparative fault, which reduces the amount that can be collected by the injured person by showing that the victim provoked the dog to bite.
Sometimes, a dog bite victim finds himself in a position where the dog owner either does not possess insurance or possess adequate insurance to pay for their injuries. In those cases, the victim must look elsewhere for other responsible parties who might be able to provide compensation. One such additional source may be the landlord of the property where the dog owner lived. However, is a much more difficult lawsuit to maintain because the landlord must be shown to have knowledge of the dogs did not propensities. This can be shown either through actual knowledge or through the totality of circumstances where the landlord "must have known" of those propensities.
The Jurewitz Law Group is a San Diego personal injury law firm representing people injured in car accidents, motorcycle crashes, slip and fall injuries, dog bite attacks, pedestrian accidents, and bicycle accidents. Their personal injury office is located in Downtown San Diego, has offices in Carlsbad, California, and serves all of San Diego County including the following cities and towns:
San Diego, Chula Vista, Escondido, Oceanside, Vista, San Marcos, El Cajon, Carlsbad, Poway, Encinitas, La Mesa, Santee, National City, Imperial Beach, Lemon Grove, Coronado.
