An Overview of California's Dog Bite Laws

What happens when your neighbor's pet dog gets a little too aggressive and bites someone?  How does California law protect dog bite victims?These are important questions, because according to some estimates, over 1,000 people are hospitalized across the country as a result of dog bites.The bulk of California's dog bite laws are found in Civil Code Section 3342.  This dog bite statute is known as "strict liability" because an owner is liable for his/her dog biting someone else, even if the owner did not have knowledge of his/her dog's propensity to bite.  This differs from some other states, where dog owners are afforded a "one free bite" pass establishing the dog's violent propensities.In a dog bite trial, the essential elements a plaintiff must prove are found in CACI 463. They are: 1) Defendant owned a dog; 2) the dog bit someone while that person was in public or lawfully in a private place; 3) plaintiff was harmed; and 4) the defendant's dog was a substantial factor in plaintiff's harm.Dog bite injuries are often covered by a dog owner's homeowner or renter's insurance.  Some dog breeds are often excluded from coverage.Is the dog owner still liable if the dog attacks while being walked by a dog walker?  The answer is yes.  The dog walker, in turn, can also be sued for negligence.  Most municipalities have dog leash laws. For example, Los Angeles has Municipal Code Section 53.06.2 which requires dog leashes to be "not more than 6 feet."  If a dog walker violates "leash laws", this is known as "negligence per se."An interesting side note: what happens when a police dog bites or attacks someone?  The answer can similarly be found in the dog bite statute, Section 3342.  Law enforcement is usually immune when a police dog bites or attacks a suspect during the suspect's apprehension.  However, if the dog attacks an innocent bystander that is not a suspect or participant in the underlying police activity, the law enforcement agency would not be immune.Virtually everyone knows someone who has been bitten by a dog.  Most people you meet will have suffered this traumatic experience. Dangerous dogs can be reported to County officials.As you can tell, California's dog bite laws can be pretty complicated.  For your dog bite questions, the Rabbi Lawyer is ready to assist 24/6!