Strict civil and possible criminal liability for Calif. dog bites

March 07, 2014

A Murrieta, Calif., dog owner was charged in February 2014 with the felony of criminal negligence for dog bite injuries inflicted by his three-year-old dog on a toddler in December 2013. According to The Press-Enterprise, the child was attacked while petting the Akita in a home improvement store.

Personal injuries to the boy's face and neck resulted in hospitalization and extensive surgical repair, including at least 50 stitches. After authorities discovered that this particular animal had previously bitten two other kids in unreported incidents, the owner was arrested in January. The dog has reportedly been taken by a rescue group.

The article says that the police decided to file criminal charges based on the uniquely serious circumstances of this case:
- The owner fleeing the scene of the attack
- The seriousness of the injuries
- The dog's previous biting of children.

Strict civil liability for California dog bites

The victim of a dog bite in California may sue the animal's owner in California state court for money damages for strict liability, according to California statute, if the person attacked was in a public place or legally on private property at the time. Strict liability means, in simple terms, that the dog owner is liable for the injury caused by his or her dog despite that the owner was not at fault. The owner did not have to be negligent or reckless in the management of the dog, nor did the dog have to have a history of viciousness or aggressive behavior; in strict liability, the responsibility automatically attaches without the owner's bad behavior.

In other words, anyone in California who owns a dog takes the risk just by that ownership of strict responsibility if that dog bites someone, no matter how careful the owner handles the dog, except when the person bitten is on private property illegally. Standards are different for military or police dogs, and possibly in certain circumstances for veterinarians, boarders or groomers in their work.

Owner liability also may not be absolute if the dog bite victim voluntarily or recklessly exposed him or herself to clear danger. For example, liability may be questionable if the victim approached an obviously upset or out-of-control dog or if the victim harassed the dog first.

Even if the strict liability statute does not apply to a particular dog bite for some reason, there still may be a legal remedy for the victim under California common law, meaning court-made law, if the dog owner was negligent or reckless.

Seek legal advice

Dogs can inflict traumatic and catastrophic injuries on people, especially small children, including cuts and puncture wounds to hands, arms, faces, necks and more. Medical treatment can go on for months, especially for long-term treatment of severe scarring or eye injury. Disturbingly, victims can also suffer emotional and mental effects of the attacks like anxiety or post-traumatic stress syndrome, also called PTSD.

A California dog bite victim or the parents or guardians of a child victim should speak with a personal injury attorney who has handled dog bite cases to learn about a personal injury (or wrongful death) lawsuit to recover damages for the harm inflicted by the dog. An experienced dog bite lawyer can launch an investigation, interview witnesses, consult with medical experts and more to evaluate the case. Should one be filed, skilled legal counsel can negotiate with the owner for possible settlement of the claim or take the case to trial if necessary.

Article provided by Rooney Law Firm
Visit us at www.rooneylawfirm.com