Obtaining Damages for Dog Bite Injuries Is Not Automatic

In California, dog owners are held to a standard of strict liability for injuries caused if their dog bites someone, provided the victim was in a public place or lawfully in a private place when the bite occurred. This includes the property of the dog owner. The victim did not necessarily need to have permission to be on the property, as long as their presence was lawful (e.g., a postal worker delivering mail).

Strict liability as outlined in California Civil Code Section 3342 means that the victim does not need to prove negligence on the part of the dog owner to claim damages. The law assumes responsibility on the part of the owner, regardless of the dog's previous behavior or the owner's knowledge of any aggressiveness. This makes it easier for bite victims to receive compensation for their injuries, which can include medical expenses, lost wages, and pain and suffering.

However, recovery of damages under this statute can still present challenges. There are several defenses dog owners may raise to contest liability:

1. Trespassing — If the victim was unlawfully on the property where the bite occurred, the owner might not be held liable. This defense applies to individuals who are on the property without permission and without any legal right to be there.
2. Provocation — The owner might not be liable for the bite if the victim took aggressive actions like hitting or teasing the dog. Provocation can also encompass more subtle behaviors that might have been perceived as threatening by the dog.
3. Assumption of risk — Individuals who work with dogs, such as veterinarians, dog groomers and dog walkers, may be considered to have assumed the risk of being bitten in the course of their occupations.

A California dog bite injury attorney can help counter these defenses effectively. They can gather evidence to demonstrate that the victim did not provoke the dog or was not trespassing at the time of the incident. They can also argue against the assumption of risk defense by showing that the circumstances of the bite were beyond the normal risks assumed by the worker.

An attorney might sue for punitive damages in cases where the dog owner's behavior was particularly reckless or egregious,. An example is where an owner knowingly allowed a dangerously aggressive dog to roam free in a public park. These damages are meant deter similar conduct in the future. 

Pulverman & Pulverman, LLP in Santa Barbara works to obtain compensation for dog bite victims throughout southern California. We accept these cases on a contingency fee basis, so there are no upfront legal fees. Call us at 805-962-0397} or contact us online to set up a free consultation.