California One-Bite Law
If you own a dog or are bitten by one, understanding the difference between one bite states and those who follow different rules is crucial in terms of your legal rights. Some states follow a one bite rule that essentially allows the dog’s owner to be off the hook for the first bite if the owner had no prior knowledge that it could exhibit aggressive tendencies.
Once this happens, the owner can be liable for any subsequent dog bites or attacks. The California one bite rule is a bit different since the state recognizes this concept of the law. However, it also has strict liability rules for the first dog bite offense. Every dog owner needs to be aware of the one bite rule and strict liability law, and dog bite victims need to know what to do to recover compensation in dog bite cases.
At Dog Bite Laws, we are committed to representing victims in dog bite cases and providing information on the one bite rule and the strict liability rule to keep every community informed. If you have suffered dog bite injuries, contact a California dog attack attorney from our law firm to discuss your case.
Explanation of California Dog Attack Law
According to California dog bite laws, the one bite rule may be applied in most dog bite cases. However, once the dog owner has had this experience, they will face greater scrutiny for any future bites.
This means that the one bite rule will not apply to future dog bite claims. California’s strict liability law will then be imposed on the dog owner, holding the dog owner liable for the injuries caused. They would then be held liable for medical expenses, lost wages, pain and suffering, mental anguish, and other damages caused by the dog bite.
When the Bite Rule Becomes California’s Strict Liability in a Dog Attack
Even though there is recognition of the one bite rule, the strict liability laws in the state can also hold a dog owner responsible for a dog bite even if their pet has never acted aggressively before, and for the first bite.
California Civil Code Section 3342 states that dog owners are liable for damages if their dog bites a person in a public place or a private place if they are lawfully permitted to be there, regardless of the dog’s past behavior.
Certain exceptions to the one bite rule and strict liability law also apply to protect a dog owner from facing consequences. One prime example is if the victim is trespassing on private property and they are bitten, or they provoke the dog. Owners of dogs that are performing specified duties such as a law enforcement animal or military dog will likely also be exempt from any liability.
These laws generally do not apply to veterinarians who are bitten while performing the duties of their job as they are aware of the potential risks when handling animals.
Legal Implications for Dog Owners in California Dog Bite Cases
Under California law, dogs who bite or cause injuries will be quarantined to determine if they have rabies or other potential health hazards, even with the one bite rule. After this period, the dog will most likely be returned to the owner. In turn, the owner must follow strict rules to prevent another attack.
If a dog has previously bitten someone on at least two separate occasions, the owner will be held strictly liable. The judge may also order that the dog be euthanized if the dog still poses a threat of harm, and the owner may also face criminal charges that include hefty fines.
The owner of the dog may be able to use the one bite rule if their dog never bit anyone before. This would require you to show proof that you did not provoke the dog and were permitted on the property. In terms of the one bite rule and strict liability, it can be incredibly complicated to make sure the owner is held liable for the injuries caused. This is why you should discuss your case with our personal injury attorneys to get the legal support you need.
Steps to Take for Dog Bite Victims in California
Whether under the one bite rule or strict liability law, all victims should know what they need to do after being bitten or attacked by a dog. One of the first actions to take is to get to safety and clean out the wounds with soap and water to clear away bacteria.
After you have moved to a safe place, call 911 to report serious injuries, especially if the dog is still on the loose. They will notify Animal Control and the agencies will file reports of the attack. You will need this as evidence when filing a claim for your injuries.
Seeking medical treatment is essential, especially if you do not know who the dog belongs to or whether it is up to date on all of its vaccinations. Dogs have sharp teeth that can sever vital arteries and damage muscles, tendons, and nerves. If your injuries are serious, head to the emergency room, and if they are minor, visit your nearest urgent care center.
If possible, gather the evidence you can from the scene. Photos, videos, and the clothes you’re wearing can all be helpful. Witness accounts can also provide additional details that can hold the owner liable for the attack.
Most importantly, contact our personal injury attorneys after you have stabilized from your injuries. Many owners want to rely on the one bite rule to get out of being held liable for their pet. Our legal team can fight to ensure that they are held strictly liable for the painful and debilitating injuries you have endured and seek the maximum compensation. Contact us today to schedule a free initial consultation and learn more about your legal options.
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