Dogs have evolved uniquely alongside humans over thousands of years. No other species has been so thoroughly integrated into human society. And yet, dog bites are extremely common types of personal injuries. In 2022, the California Department of Health Care Access and Information reported that there were nearly 50,000 emergency room visits in California for dog bites.

In 2024, California had more than 2,400 dog bite claims that were filed in the courts. According to the Centers for Disease Control, throughout the United States, there are more than 4.5 million dog bites reported each year. While deaths from dog bites are rare, there can be serious complications, including rabies, infections, disfigurement, and other serious injuries.  In California, you may be able to be compensated for a dog bite under a strict liability cause of action or a claim of negligence. Read on to learn more from a San Luis Obispo personal injury attorney.

Strict Liability and Negligence Claims for Dog Bites

In most cases, dog owners in California are strictly liable for injuries caused by their dogs. This means that no showing of fault or negligence is required. The concept of “strict liability” is often seen in lawsuits involving product defects. So, strict liability in the area of dog bites means that if a dog bites a person, liability will attach even if there is no history of aggressiveness on the part of the dog. Specifically, if the dog attack occurs in a public place, the pet’s owner is liable for the damages their pet causes, which means that the victim doesn’t have to prove the owner’s negligence.

If the attack occurs on the owner’s property, the strict liability rule will apply only if the victim was lawfully present on the property at the time of the bite. This law extends to invited property guests, including those who have a business license to conduct affairs on the property, such as delivery people, meter readers, post office employees, and repair workers. To successfully pursue a claim under California’s strict liability dog bite statute, the victim must demonstrate several key elements:

• The defendant owned the dog.
• The dog bit the victim.
• The victim was in a public place or lawfully in a private place when the bite occurred.
• The dog bite caused the victim’s injuries.

There are limited defenses to the strict liability doctrine for dog bites, including the following:

• The victim was trespassing on private property (such as the dog owner’s property)
• The victim provoked the animal
• The animal was protecting its owner or another person in accordance with California’s laws on self-defense, or
• The animal was a military or police canine being used appropriately in accordance with the agency’s written policy.

If a plaintiff is unable to make a claim under the strict liability principle, it is still possible to bring a claim based on negligence. To establish negligence, a plaintiff must prove:

• The defendant owed him a duty of care
• The duty of care was breached
• The breach of the duty of care was the direct cause of the injury
• The injury is compensable

A negligence claim does not require proof of a dog’s dangerous tendencies. Dog owners are generally deemed to owe a duty of care to keep others safe. If a dog owner fails in that duty, such as by inadequately restraining their dog or not adhering to local animal control regulations, it may be possible to prove that the duty of care was breached. 

Damages Available In Dog Bite Cases

If you’ve been bitten by a dog, you may be entitled to the following damages:

• Economic Damages – These include lost wages, medical expenses, rehabilitation costs, and other out-of-pocket expenses.
• Non-economic Damages – These include pain and suffering, infliction of emotional distress, loss of companionship and consortium, and other types of intangible damages that are difficult to quantify.
• Punitive Damages – In rare instances of particularly egregious behavior, your attorney may seek punitive damages on your behalf. Specifically, if the plaintiff exhibited oppression, fraud, or malice, you may be entitled to punitive damages.

What To Do If You’re Bitten By A Dog

These are steps to take if you are bitten by a dog:

• Seek immediate medical attention: The most critical first step is to seek medical attention to ensure your health and well-being. A local healthcare professional can assess the wound, clean it properly, and, if necessary, administer a tetanus shot or antibiotics to prevent infection. Be sure to stick with the medical regimen prescribed by your doctor. 
• Identify the dog and its owner: Try to identify the dog that bit you and gather information about its owner. Note details such as the owner’s name, contact information, and any other relevant details. This information will be useful for legal purposes and potential compensation claims.
• Report the incident: As soon as possible, contact your local animal control agency, health department, or law enforcement to report the incident and provide them with all details. Reporting is crucial for public safety, tracking rabies cases, and creating an official record of the incident.
• Document the incident: Keep detailed records of the dog bite incident, injuries, and medical treatment. Take photographs of your injuries, and save copies of medical records, doctor’s notes, prescriptions, and any other relevant documents related to the incident. This documentation will be valuable for insurance claims and potential legal proceedings.

Contact the Law Offices of Earl E. Conaway, III

If the dog bite resulted in significant injuries or if you are facing complications related to the incident, it’s important to contact a San Luis Obispo personal injury attorney as soon as possible. Here at the Law Offices of Earl E. Conaway, III, we can evaluate your case, provide legal guidance, and provide you with the very best representation possible. 

It’s important to act quickly, though, as California has a two-year statute of limitations. This means that you must file your case within two years of the injury, or be forever barred from seeking damages. Contact us today to ensure that you get the compensation you deserve.