In California, if a dog bites a child, several legal implications arise under the state’s strict liability dog bite laws. Here’s a comprehensive overview of what happens in such cases:
Legal Framework
- Strict Liability: California operates under a strict liability statute concerning dog bites (California Civil Code § 3342). This means that dog owners are automatically liable for injuries caused by their dogs, regardless of the dog’s previous behavior or the owner’s knowledge of any potential danger. Thus, if a child is bitten, the owner is typically responsible for damages without needing to prove negligence.
- Definition of a “Bite”: In California, a “bite” does not require breaking the skin. The law defines it broadly to include any instance where a dog uses its teeth to grab or hold onto a person, which means even minor incidents can qualify as bites under legal standards.
- Location of the Incident: The strict liability applies whether the bite occurs on public property or on private property where the victim had a lawful right to be. For example, if a child is bitten while visiting a friend’s house, the owner could still be held liable.
Actions Following a Dog Bite
- Medical Attention: It is crucial to seek medical attention for any injuries sustained from a dog bite, regardless of severity. This ensures proper treatment and documentation of injuries.
- Reporting the Incident: Dog bites should be reported to local animal control or law enforcement. This step is important for documenting the incident and may be required for legal proceedings.
- Consulting an Attorney: Parents should consider consulting with a personal injury attorney who specializes in dog bite cases to understand their rights and options for pursuing compensation for medical expenses, pain and suffering, and other damages.
Statute of Limitations
Victims have two years from the date of the dog bite to file a claim against the dog’s owner. Failing to file within this timeframe could result in losing the right to seek compensation.
Exceptions to Liability
While California’s strict liability laws provide robust protections for victims, there are exceptions:
- If the victim was trespassing at the time of the bite.
- If the victim provoked the dog intentionally.
In summary, if a child is bitten by a dog in California, the dog’s owner is typically liable for damages under strict liability laws, regardless of prior aggression or precautions taken by the owner. Immediate medical attention and legal consultation are essential steps following such an incident.
Source
[1] https://www.weinberglawoffices.com/what-to-do-if-your-child-is-bitten-by-a-dog-in-california/
[2] https://www.davidrickslaw.com/library/california-law-on-dog-bites-on-public-or-private-property.cfm
[3] https://www.casebarnettlaw.com/blog/dog-bite-laws-costa-mesa-dog-bite-lawyer.cfm
[4] https://www.dogbitelawgroup.com/california-dog-bite-laws/
