As an animal owner and lover myself, this issue really hits home. That’s why I chose it as the topic for my very first post.
In California, Civil Code § 3342 establishes strict liability when a dog injures someone in a public place, or lawfully on private property. That is liability without fault. You could have been doing everything right, you’ll still be on the hook for any injuries caused by your dog. But where this statute doesn’t apply (for example as to a trespasser on your property or property damage absent personal injury) the more nuanced common-law rules come into play, which will be discussed below.
If you ever find yourself in either one of these situations and consult with a lawyer… or even a first year law student… they may tell you, “every dog gets one free bite”. While this is a somewhat accurate rule of thumb… the BIGGEST mistake that people make is to take this adage as gospel and not pursue the issue with an attorney who specializes in this matter. Here is where I find people making another mistake…
When I say find an attorney who SPECIALIZES in the matter… It is not enough to hire an attorney who is knowledgeable about the black letter law… You need an attorney who is knowledgeable with the animals themselves. As a species AND as an individual.
The reason for this goes back to that adage that “every dog gets one free bite”. At the heart of this statement is not that every dog gets one free bite before their owner can be held liable, but rather that the average imaginary dog that exists only on paper gets one free bite. As for your dog, who exists in the real world and has its own personality, preferences, and habits, it may not get that one free bite. The truth behind the law is that the owner of a dog is liable for all foreseeable harm caused by their dog’s foreseeable behavior.
What that means for you as a dog owner is that if you know that your dog jumps on people and out at the grocery store one day an elderly woman approaches you and your dog jumps on her causing her to fall and break her hip, it’s more than likely that you will be held liable. You knew your dog had a propensity to jump on people and that behavior resulted in an injury that is of the kind that one would expect from said behavior. The fact that this is the first time the dog has actually injured anyone is irrelevant. You as the owner knew of the behavior.
What that means for you as someone who has been injured by a dog (whether it be a bite or something else) is that just because “the dog has never done that before” doesn’t mean the owner is off the hook. You need to dig deeper and determine if the owner KNEW that their dog had the propensity to jump on people.
With all this in mind, that’s why I say… it’s not enough to hire an attorney who is knowledgeable with the black letter law alone… You need an attorney who understands these animals and their relationships with their owners. Most attorneys will only focus on the injury and while that is at issue, the PRIMARY issue is the knowledge of the owner as to their dog’s behavior.
For more on how California law treats dogs and the people responsible for them, take a look at my piece on dogs in the line of duty. And if you have been bitten, or your own dog has hurt someone, speak with an attorney who understands both the law and the animals involved.
-Alex Murad, Esq.