U.S. News and World Reports says that, in 2022, dog bites resulted in 48,596 visits by victims to an emergency room in California. That translates to 125 visits per every 100,000 Californians. Between 2018 and 2022, dog bites killed 28 residents in California. Fatalities nationwide during that period reached 96.

Even with deaths from dog attacks being rare, these incidents still prove dangerous, life-altering, and expensive for victims. Dog bites trigger the operation (or at least questions about the application of) California's strict liability or negligence law to the incident. Below, we explore how you may hold a California dog owner liable for bites or other attacks and how you may recover damages for your injuries and losses.

Strict Liability

By California Civil Code Section 3342, dog owners face strict liability for damages caused by bites from their dogs. Under the statute, a dog bite victim need not prove that the owner failed to exercise reasonable care to control the dog or the owner's actual or constructive knowledge of the dog's propensity to attack or bite. Unlike certain states, California does not follow the “one-bite” rule. That means you can recover from an owner whose dog bites you even if the dog had not previously bitten or attacked anyone.

To take advantage of Section 3342, the prospective plaintiff must either have been in a public place or have lawfully been on the dog owner's property. Those victims in the latter category may have been expressly or implicitly invited or allowed on the premises.

Implied permission means that not given in express words, but which exists because of certain facts and circumstances. Examples may include:

*Areas of stores, restaurants, and offices open for business

*Neighbors

*Those delivering mail or other items to the property (Forbes magazine reports that an estimated 5,300 postal workers in the United States suffered dog attacks)

*Consistent prior entry by others, even in the presence of a “No Trespassing” or other sign restricting entry

*Persons, such as Girl Scouts, selling items

Even if you technically trespass, your authority to be one the owner's property may come through a legal privilege or justification. This often depends upon circumstances that show you must enter to perform a job duty or out of some necessity. Privileges to enter and, thus, coverage under the strict liability statute, may arise from:

*A law enforcement officer serving a valid warrant or court document

*Registered land surveyor engaged in such work

*Process servers

*Rescue personnel performing services such as rendering first aid or emergency care or fire fighting

*A person retrieving property so long as the person did not negligently or wrongly cause it to be on the property

Dog Bites and Trespassers

California's strict liability rule does not apply to trespassers. That you do not have permission or other legal authority does not necessarily leave you without recourse against the owner if bitten.

You may hold a negligent dog owner liable for a dog bite even if you have trespassed. A negligence-based claim can succeed based on proof that the owner knew or should have known of the dog's propensities to attack or constitute a danger. In fact, California Civil Code Section 3342.5 imposes a duty upon owners of dogs who have previously bitten someone to take reasonable measures to prevent a future biting incident. Note that California law does not count bites against trespassers in considering the owner's knowledge or notice of the dog's propensities.

You can show that the owner failed to take reasonable steps to prevent the attack. Such steps may include:

*Containment within a fence, other enclosure, or within a structure

*Confinement with a leash

Police Dogs

Section 3342 excepts dog bites by law enforcement dogs (such as K-9s) and military dogs while performing protective or defense functions. However, the statute allows you to sue for bites by these dogs if you were a bystander rather and not acting as a criminal.

When a Dog Attacks but Doesn't Bite

By its terms, the California strict liability statute applies only in a dog bite. In fact, one California appellate court says that a bite can occur even if the teeth do not penetrate the skin. This may occur when a dog tears at pants or other clothing. These types of bites often lead to falls that cause spinal, musculoskeletal, and neurological injuries.

If a dog does not bite you or your clothing, you might still resort to negligence law if an attacking or at loose dog injuries you. Personal injury lawyers may point to violations of leash laws or ordinances or the failure to control a dog or prevent the dog from running at large.

Getting Compensated for a Dog Bite

What the Victim May Recover

The Insurance Information Institute states that dog bites in 2022 resulted in total insurance payments of $1.13 billion. This amounts to a per claim price tag of $64,555 in 2022.

According to Becker's Hospital Review, nearly 48,600 emergency room visits in California in 2022 came at the hands of dog bites. Nationally, dog bites send over 800,000 people each year to the emergency room. Victims may present with bite marks, lacerations, torn skin, bleeding, and other marks from the dog's teeth. Treatment can include plastic surgery.

Dog bites may also cause victims to fall from ladders, chairs, steps, or other surfaces while either shaking the dog away or while being pulled during the attack. From the fall or trip may come fractures, bruises, spinal cord injuries, and traumatic brain injuries such as concussions. California law may allow damages for these injuries beyond bite marks as being related to the bite.

Personal injuries from dog bites can allow victims to recover:

*Lost wages or earnings

*Lost capacity to earn wages

*Medical expenses for emergency room visits, hospital stays, prescriptions, rehabilitation, and surgeries

*Emotional distress, such as anxiety, depression, dog-related phobias

*Physical pain

*Insomnia

Rabies and Fatalities

Rabies does not occur with most dog bites. In fact, the California Department of Public Health did not register any rabies cases from dog bites in 2023. According to the National Foundation for Infectious Diseases, bites from domesticated dogs and cats account for only one out of every ten rabies cases. A victim of a dog bite with rabies faces the serious prospect of nervous system damage and ultimately death.

Overall, fatalities do not prove common place with dog bites. In the United States, 96 people died in 2022 from these incidents. Family members of those killed by a dog bite or attack may seek wrongful death damages in the form of burial expenses, medical expenses, and lost benefits the bite victim would have provided.

The Source of Compensation

Personal injury victims often look to the defendant's liability insurance for payment of damages. For automobile crashes, compensation comes from automobile liability insurance required by California law.

Homeowner’s insurance covers the homeowner's liability to a person injured on the premises. These include defective conditions such as broken rails or loose steps. Depending on the company and policy, this coverage may come with conditions or restrictions. Commonly, homeowner’s policies exclude certain breeds deemed dangerous. These include:

*Pit bull

*Rottweiler

*German shepherd

*Wolf breeds

*Siberian husky

*Chow Chow

*Canary dogs

Other insurers do not offer dog bite liability as part of the standard coverage. The dog owner may purchase dog bite insurance for an extra premium.