When a person is injured by a dog, the legal claim they file can depend on whether the incident involved a dog bite or a dog attack without biting. While California’s strict liability law automatically holds dog owners responsible for bites, injuries from non-bite attacks may require negligence claims. Understanding the differences between dog bites and dog attacks is crucial for determining liability, legal strategy, and potential compensation.
Dog Bite Cases Under California’s Strict Liability Law
What Is a Dog Bite?
A dog bite is when a dog’s teeth break the skin or cause injury by clamping down on a person’s body. In California, dog owners are automatically liable for dog bites, even if their dog has never shown aggression before.
California Civil Code § 3342 – Strict Liability Law
Under California’s strict liability law, a dog owner is responsible for injuries caused by their dog’s bite, as long as:
- The victim was in a public place or lawfully on private property when the bite occurred.
- The bite resulted in physical injuries.
- The victim did not provoke the dog.
Important: The victim does not need to prove that the owner was negligent or that the dog had a history of aggression.
Common Injuries in Dog Bite Cases
- Puncture wounds and deep lacerations
- Permanent scarring and disfigurement
- Nerve damage or amputations
- Infections, including rabies and tetanus
- Psychological trauma and PTSD
Legal Process for Dog Bite Claims
- The victim can file a personal injury claim against the dog owner’s insurance.
- Settlements typically cover medical bills, lost wages, pain and suffering, and future treatments.
- If the case goes to court, the victim may receive additional damages for emotional distress and disfigurement.
Example of a Dog Bite Lawsuit
A mail carrier in Los Angeles was bitten on the leg by a homeowner’s dog while delivering mail. The wound required stitches, and the carrier missed three months of work due to nerve damage. The homeowner’s insurance paid $125,000 in a strict liability settlement.
Dog Attack Cases and Negligence Claims
What Is a Dog Attack?
A dog attack includes any aggressive behavior by a dog that results in injury without biting. Examples include:
- A dog knocking someone down, causing fractures or head trauma.
- A dog scratching or clawing a person, leading to cuts and infections.
- A dog chasing and causing a bicycle or car accident.
Proving Negligence in a Dog Attack Case
Since strict liability applies only to bites, victims of non-bite attacks must prove the dog owner was negligent to receive compensation. This means showing:
- The dog owner had a duty to prevent the attack.
- The owner failed to take reasonable precautions (e.g., not using a leash, ignoring leash laws).
- The dog’s actions caused the injury.
- The victim suffered damages (medical expenses, pain and suffering).
Example of a Dog Attack Lawsuit
A jogger in San Diego was running in a park when an off-leash dog jumped on her, knocking her to the ground. She suffered a fractured wrist and required surgery. Because the dog did not bite, the victim had to prove negligence by showing the owner violated leash laws. The court awarded her $85,000 for medical expenses and pain and suffering.
Key Differences Between Dog Bite and Dog Attack Claims
| Factor | Dog Bite Claim | Dog Attack Claim |
|---|---|---|
| Liability Law | Strict Liability (CA Civil Code § 3342) | Requires Proof of Negligence |
| What Must Be Proven? | The dog bit the victim while they were lawfully present. | The owner failed to control the dog, leading to injury. |
| Common Injuries | Puncture wounds, infections, scarring | Fractures, head trauma, scratches, emotional distress |
| Insurance Coverage | Typically covered by homeowner’s or renter’s insurance | May require additional proof for insurance claims |
| Settlement Range | $30,000 – $100,000+ (higher for severe injuries) | $10,000 – $75,000+ (varies by injury type) |
Special Considerations in Dog Bite and Dog Attack Cases
1. Children and Elderly Victims Receive Higher Settlements
- Courts recognize that children and elderly individuals are more vulnerable to serious injuries.
- Settlements for facial injuries, disfigurement, and emotional trauma tend to be higher.
2. Dog Breeds and Owner Negligence May Increase Payouts
- Owners of aggressive breeds (e.g., pit bulls, Rottweilers) may face higher liability.
- If the owner knew the dog was dangerous and failed to take precautions, the victim may receive punitive damages.
3. Homeowner’s Insurance and Dog Liability Coverage
- Most dog bite claims are paid by homeowner’s insurance, but some policies exclude certain breeds.
- If the owner does not have insurance, victims may have to sue the owner personally for damages.
4. Multiple Dog Attacks Can Strengthen a Case
- If a dog has previously attacked someone, courts are more likely to award higher compensation.
- California requires dangerous dogs to be registered, and owners must take additional precautions.
Steps to Take After a Dog Bite or Dog Attack
If you or a loved one is injured by a dog, follow these steps to protect your rights:
1. Seek Immediate Medical Care
- Clean the wound and visit a doctor to prevent infection.
- If you have a fracture or head injury, get emergency treatment.
2. Identify the Dog and Its Owner
- Obtain the owner’s name, address, and contact information.
- Ask if the dog is vaccinated against rabies.
3. Take Photos and Gather Evidence
- Photograph the injuries, the dog, and the location of the attack.
- Get statements from witnesses who saw the attack.
4. Report the Incident to Animal Control
- Contact your local Animal Services Department to file a report.
- This helps document the attack and determine if the dog has a history of aggression.
5. Consult a Dog Bite Attorney
- A lawyer can help file a claim with the dog owner’s insurance.
- If the case involves negligence, a dog bite lawyer in San Diego can prove the owner failed to control the dog.
Conclusion
Understanding the difference between a dog bite and a dog attack is essential when pursuing legal action. Dog bite claims fall under strict liability, making it easier for victims to receive compensation. Dog attack claims require proving negligence, which can be more challenging but still result in significant settlements. Whether you were bitten or injured in a non-bite attack, consulting an experienced dog bite attorney can help maximize your compensation and ensure you receive justice.
References
- California Civil Code § 3342. (2023). Strict liability in dog bite cases. Retrieved from https://leginfo.legislature.ca.gov
- Centers for Disease Control and Prevention. (2023). Dog bite risks and injury prevention. Retrieved from https://www.cdc.gov
- San Diego County Animal Services. (2023). Dog attack and bite reporting requirements. Retrieved from https://www.sddac.com
- California Department of Insurance. (2023). Dog liability insurance and homeowner coverage. Retrieved from https://www.insurance.ca.gov
- American Veterinary Medical Association. (2023). Understanding dog aggression and bite prevention. Retrieved from https://www.avma.org