Dog bite in California

The law of California states generally that the owner of a dog is fully responsible for all damages to the victim who was bitten by a dog (but see Who actually pays the damages, below). A dog does not get "one free bite" in California. The dog bite statute imposes liability on the dog owner, not anyone else; however, any person might be liable if he or she was negligent or maintained custody or control of the dog with knowledge that the dog was dangerous.
In cities with a "leash law," violation of the leash law constitutes a form of negligence.
The usual exceptions to liability are these:
* The victim was a trespasser
* The victim was a veterinarian who was treating the dog at the time of the incident
* The victim was committing a felony
* The victim provoked the dog
* The dog was assisting the police or the military at the time of the incident

Important note: the foregoing list is for general information only. Do not assume that it governs every case. Remember the advice at the beginning of this web site: consult an attorney if you possibly have a dog bite claim or are being sued on such a claim. 

The dog bite victim's attorney has to prove at least the following things:
* The identity of the owner of the dog
* That the dog bit the victim
* That the victim, at the time of the bite, was in a public place or lawfully in a private place, which could be the property of the owner of the dog
* That the bite caused injury, suffering, loss or harm
* That the attack should not be excused because of any exception above described
* If the defendant did not own the dog, then (a) the defendant was negligent and the negligence was the cause of the injury ("negligence" means that the defendant either did something that should not have been done, or failed to do something that should have been done), or (b) the defendant kept or harbored the dog with knowledge that it either previously bit someone or clearly behaved as though it would bite someone someday.
The city where the attack happened might have laws that favor the victim even more than the state law. Dog bite law is unique because of the many different local laws that must be considered. Those laws might make it easier to find the defendant liable, or might increase the dollar amount of damages that the victim can obtain.
The victim frequently can direct a claim to other possible defendants, including employers, landlords and breeders. It even would be possible to make a claim against someone who negligently entrusted a dog to someone who could not control it, like a child.
Claims against people other than the owner might be crucial under certain circumstances, such as when the dog owner lacks insurance. Experienced lawyers have the ability to pursue other liable persons when necessary to compensate the victim. Again, it is very important that you consult an attorney if you are a victim or are being sued.

To read more on Dog Bite Law, please visit Mr. Phillips excellent web site at http://www.dogbitelaw.com

The amount of money the victim should receive 
If the conditions stated in Civil liability for a dog bite are met, the victim can get money for all of the following things:
* Medical treatment such as first aid, emergency room, hospital, and ambulance
* Future medical treatment for scar reduction
* Psychological counseling to overcome the emotional trauma of the attack, fear of dogs, fear of being outdoors, and dealing with disfigurement
* Loss of earnings from work or the victim's business
* Torn clothing and broken glasses
* Medications

Some dog bite victims are attacked with their dogs or other pets, which are injured or killed. Owners of injured animals may be entitled to compensation.

The foregoing is not a complete list of possible items of compensation. Some people have special needs.
Here are two examples from real cases:
* The victim purchased airline tickets that had to be used on a certain day and were nonrefundable. The day before the trip, the victim was bitten very badly, and therefore he could not use the tickets. He received reimbursement from the owner of the dog. 
* Another person was disabled because of the injury. The dog owner's insurance company had to pay for a nurse who visited the victim's home. When the victim got somewhat better, the insurance company paid for job training too.

Who actually pays the damages 
Many serious dog attacks involve the dog of a friend or family member. Therefore, victims frequently worry about who will pay their damages because they don't want a friend or family member to feel the burden. There is no reason to worry.
Even though the dog owner is technically liable, the damages usually are paid by:
* Homeowner's insurance
* Renter's insurance
* Landlord's insurance
* Dog owner insurance
* Insurance covering employers and breeders, if they are responsible
Therefore, if you are a victim and the dog owner is a friend or family member who is covered by insurance, and if that insurance has a limit high enough to cover your needs, there is no possibility that your friend or family member will ever have to pay one cent toward your compensation. 
There have been cases where a defendant in a lawsuit had to pay for damages out of his or her pocket because:
* The insurance was inadequate
* There was no insurance
* The defendant acted with actual malice and intentionally caused the injury, and the damages were designed to punish him or her
However, the victim has complete control as to whether to ask for or collect such compensation. If the victim decides against pursuing certain damages, there is no possibility that the dog owner will have to pay them.

To read more on Dog Bite Law, please visit Mr. Phillips excellent web site at http://www.dogbitelaw.com