Q & A: Answers to Your Dog Bites Questions
As a Los Angeles dog bite and personal injury lawyer, many of you know that my office handles dog bite cases. I also receive questions from time to time about this issue. Each case is different, but here are some common dog bite questions that I have received over the years.
Does insurance cover dog bites?
Very good question. As a general rule, many homeowner insurance policies cover injuries caused by an animal owned by the insured. This includes dogs and dog bites. Whether you are a tenant and have renter’s insurance, or a homeowner with homeowner insurance, it is important that you notify your carrier that you have a dog on the premises. Some insurance carriers will exclude certain type of dog breeds.
I was bitten by my friend’s dog. Will I have to sue him to get compensation?
Most dog bite victims are familiar with the dog who bit him/her. Most dog bite victims are also children or teenagers. So it’s very common to have a scenario where a friend/neighbor’s dog is the biter.
Unfortunately, many times insurance companies try and use the familiarity between the dog bite victim and the dog owner as leverage to make lowball settlement offers, or to downright deny claims. While the term “lawsuit” can sound scary, and most people would not want to sue their friend or neighbor, the step must sometimes be taken to get the victim the compensation he or she deserves. It’s not personal—ultimately the plaintiff is really suing the insurance company, but for technical reasons needs to name the dog owner as the defendant in the lawsuit. In other words, the insurance company is the target; not the dog owner who might be your friend or neighbor.
Does California allow “one-free bite” like other states do?
No. California Civil Code section 3342 maintains that a dog owner is liable for injuries caused by his or her dog, “regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.” This means that, unlike in other states, California imposes dog owner liability the very first time that dog bites. The dog need not be established as “vicious"—ie, have a history of biting—before a dog bite claim can be made.
If I warn people about my dog—like with “beware of dog” signs—can this protect me from liability?
Not really. The Civil Code states that the dog owner is liable for damages any time the dog bites someone in public, or whoever is lawfully in a private place. So if you invite your friends for a backyard barbecue, it doesn’t matter if your gate has a “beware of dog” sign. You invited people to your house—you are responsible if your dog causes injuries.
What about if someone trespasses?
The Code mentions anyone lawfully on private property—including postal workers or others who are impliedly or expressly invited onto the property. If someone is trespassing on the property, the homeowner could argue that that person is not lawfully on the property.
What about police or law enforcement dogs?
The status of police or military dogs are also discussed in Civil Code section 3342. Police agencies are generally immune for dog bite injuries if the dog defends itself from “harassment” or provocation, or if the dog injures someone during criminal apprehension or the execution of a warrant. But if the dog bite victim is not a suspect, or was not involved in the acts that prompted the use of the dog—eg, an innocent bystander—this exception does not apply and there could be potential police liability in this scenario.
Can dog-walkers be liable for dog bite injuries?
Yes. Ordinarily, the Civil Code imposes liability on the dog owner. The dog walker can still be liable under a negligence theory. A common example is local leash laws. If a dog walker violates the leash law in the particular city, it could be used to support a negligence lawsuit against the dog walker.
What about dog parks?
Many cities, including Los Angeles, have beautiful, outdoor dog parks. Each dog park has its own rules. And even though dogs are allowed to be off-leash in some dog parks, dog owners are still often required to maintain control of their dogs. The California Court of Appeal analyzed this issue recently, and I discussed that important case here.
What about veterinarians or people who work with dogs?
In California, there is something called the “Veterinarian’s Rule.” It states that veterinarians or other professionals who work with dogs assume the risk of injuries when working in that particular profession. The Veterinarian’s Rule is culled from a famous case, Nelson v. Hall.
How long do I have to file a claim or dog bite lawsuit?
In California, dog bite and other personal injury victims have two years to resolve their claims, or file a lawsuit against the dog owner.
I hope this information is helpful in assisting dog owners and dog bite victims to understand their rights and responsibilities under California law. Dog bites can be horrific. The reality is that millions are injured, and over 800,000 people visit the ER every year in the United States as a result of dog bites. It’s important to know your rights in California if you or someone you know is or was the victim of a Los Angeles or Orange County dog bite. Feel free to discuss the particulars of your case with a California dog bite attorney.
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