Dog Bite Lawsuit Attorney California – Harvard-Trained Litigator

2. Who is ineligible to sue in California?

According to Los Angeles dog bite attorney Neil Shouse, you will likely not recover damages for canine bites in California if:

• You were trespassing on private property (such as the dog owner’s property),
• You provoked the animal,
• The animal was protecting its owner or another person in accordance with California’s laws on self-defense, or
• The animal was a military or police canine being used appropriately in accordance with the agency’s written policy.³

3. How much can I sue for a dog bite in California?

If you have been bitten by a dog in California, you may be entitled to compensation for your injuries from the wrongdoer’s insurance company. Compensatory damages that our California dog bite lawyers pursue may include:

• Medical expenses for all medical treatments, from the initial emergency room/hospital visits to rehab and cosmetic surgery,
• Physical or vocational therapy,
• Psychological counseling and therapy for emotional trauma, emotional distress, depression, PTSD (post-traumatic stress disorder) and cynophobia (fear of dogs) triggered by the attack,
• Lost wages,
• Lost earning capacity,
• Pain and suffering,
• Scarring and disfigurement from the puncture wounds and contusions, and/or
• Loss of the use of a limb (from broken bones/fractures to amputations).

If the animal attack resulted in a fatality, families may be able to recover wrongful death damages or damages for loss of consortium in California.

Note that there are six grades of dog bites according to the Dunbar Bite Scale:

• Level 1: Aggressive but without skin contact
• Level 2: Teeth make contact without skin breakage
• Level 3: One bite with shallow wounds
• Level 4: One bite with deep wounds
• Level 5: Multiple bites with deep wounds
• Level 6: Death of the victim and/or flesh was consumed

You may be eligible for damages no matter your dog bite level. See our page on dog bite lawsuit payouts.

4. Can I get punitive damages for a dog bite in California?

California law permits you to recover punitive damages in appropriate dog bite cases. Punitive damages – also known as “exemplary” damages – serve to punish defendants who engage in particularly bad behavior.

To recover punitive damages in a dog bite case, you must prove by clear and convincing evidence that the defendant’s actions amounted to “oppression, fraud or malice.”⁴

“Malice” occurs when the defendant acted “with a willful and conscious disregard of the rights or safety of others.”

Few dog bite cases in California have made it to the appellate courts, which establish a precedent for the lower courts.

However, there is nothing in the law that prevents a court from awarding punitive damages in a dog bite case.

If the bite victim was a minor (under 18 years of age), please see our page on compromising a minor’s claim in California.

5. What if I cannot afford a doctor?

If you do not have health insurance, you may be able to find a doctor willing to work on a medical lien in California.

Our California dog bite lawyers work with a number of doctors willing to provide medical attention to victims of dog bites on a California medical lien basis.

And if you have already found a doctor willing to work for a lien, we can help you negotiate the agreement so that you are not on the hook for huge medical bills if it turns out the dog’s owner does not have insurance or assets.

6. Does California follow the “one-bite” rule?

Some states (such as Nevada) follow a so-called “one bite rule”. These states do not impose liability for bites unless the owner is on notice that the canine has previously bitten someone or is otherwise dangerous.

California does not follow the one-bite rule.

California law imposes strict liability laws in canine attack cases. This means that you do not have to prove

• that the dog had a history of biting or “dangerous dog” behavior or
• that the owner was negligent.

In strict liability lawsuits that proceed to trial (which is rare since most cases settle), you have the burden to prove these four elements:

1. The defendant owned the dog.
2. The dog bit you while you were in a public place or lawfully on private property.
3. You were harmed.
4. The defendant’s dog was a substantial factor in causing your harm.

However, if a canine has bitten someone before, state law does impose an extra duty of care on the animal’s owner. Such an owner must take all reasonable steps to prevent other people from suffering bites.⁶

California law recognizes two classes of dangerous dogs:

1. Potentially dangerous dogs:
   • Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.
   • Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in Section 31604.
   • Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.
2. Vicious dogs:
   • Any dog that, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being.
   • Any dog previously determined to be and currently listed as a potentially dangerous dog that, after its owner or keeper has been notified of this determination, continues the behavior described in Section 31602 or is maintained in violation of Section 31641, 31642, or 31643.

If you get bitten by a potentially dangerous or a vicious dog – and the owner did not take precautions to keep the dog from hurting others – your legal case against the owner could be strengthened.⁷

Note also that with respect to cat bites, California law does impose a standard similar to the one-bite rule.

7. Do I need to file a police report in order to sue?

No. Though it may be easier to get punitive damages if a local animal control officer has

1. investigated and
2. determined that a dog is dangerous.

Plus it may put the owner on notice so that the owner can take steps to ensure the safety of others.

Furthermore, California law requires both owners and dog bite victims to report canine bites to your local county health officer. As well, doctors in California are obligated to report dog bites for which they provide treatment.

Reporting a canine bite to the county health officer does not mean the owner will be prosecuted under California’s criminal laws. Usually, the county just wants to make sure that the canine does not carry the rabies virus.

8. Will the dog that bit me go into quarantine?

California’s quarantine laws require animals who have bitten you to be quarantined, usually for ten (10) days.⁸ During this time, the county will ensure that the canine does not carry the rabies virus.

Often the animal will be allowed to remain at the owner’s premises during the quarantine period. Otherwise, the animal will be held at a county Animal Care Center.

If the animal remains healthy during the quarantine period, authorities will release it back to the owner’s care.

9. Can a dog be put down for biting me?

Typically, canines who bite people will not be euthanized. The law does, however, permit euthanasia for canines who bite in California if:

• The animal has bitten a person on at least two separate occasions,⁹ or
• The animal was trained to fight, attack, or kill someone and it bites someone even once and causes serious injuries.¹⁰

Such canines can be

• taken from their owners and
• may be euthanized following a hearing.

The process of seeking euthanasia for a canine who bites can be initiated by any concerned individual – including, without limitation, the bite victim, a government official or even a neighbor.

10. Does California homeowner’s insurance cover dog bites?

Many renters’ and homeowner’s insurance policies cover personal injury claims for dog bite injuries. The typical coverage range is $100,000 to $300,000.

According to the Insurance Information Institute, canine bites are the most common liability claim on

• homeowners and
• renters insurance policies.

Some companies exclude liability coverage for animals of certain breeds considered to be the most dangerous.

Not all insurers have breed restrictions on their homeowner and renter policies. For instance, as of 2017, one of California’s largest insurers, State Farm, offers homeowner’s and renter’s insurance without breed restrictions.

With an average payout of almost $40,000 per dog bite claim, it pays for owners to ask about breed restrictions when they are shopping for insurance.¹¹

Breeds that are often subject to restrictions include:

• Pit bulls,
• Staffordshire terriers,
• Dobermans,
• German Shepherds,
• Chows,
• Akitas,
• Alaskan Malamutes,
• Rottweilers
• Siberian Huskies, and
• Wolf hybrids.

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