Understanding the Complex Laws of Dog Bites in California
Man’s best friend didn’t earn the moniker for being mean and aggressive.
Most of the time, our dogs are well-mannered, but what happens if they get aggressive? What can the financial impacts be if your dog bites someone, or what happens if you are bit?
There’s a lot to unpack here, so let’s break things down based on dog ownership.
For a free, no-obligation consultation with an experienced California dog bite lawyer, please call (408) 848-2208 or fill out our online form today.
What if My Dog Bites Someone on My Property?
Your dog is your responsibility. It doesn’t matter if you are on your own property, out in a public area, or visiting someone else’s private property; you must maintain control of your animal.
So, suppose your dog bites someone while you are the responsible party. In that case, you are the responsible party for medical bills and any other settlement that may come up.
The good news, however, is that most homeowners’ policies cover dog bites (with certain exclusions, you will have to check with your agent to ensure you are covered), even if they happen off your property.
However, there are times when this does not apply:
- If the victim is trespassing on your property, you may not be legally responsible for their injuries.
- If the victim was harassing or provoking your dog – in other words instigating it to attack – you may not be responsible.
Keep in mind that signage stating “Beware of Dog” or anything that tries to negate your liability if someone is attacked on your property likely won’t do much to protect you.
What if Someone Else’s Dog Bites Someone on My Property?
Suppose you have some friends over for a dinner party, and one of them brings their pooch. No big deal; we usually welcome other dogs as long as they’re well-behaved.
Or perhaps you do a friend a favor and offer to pet sit at your house while they are out of town; that’s just being a good friend.
However, when that dog is on your property, you have assumed responsibility for the animal. Even if you are not the owner, you are responsible for ensuring the animal isn’t vicious or attacking people. What could land you in hot water, though, is trying to make a claim on your insurance.
If you haven’t disclosed to the insurance company that you have a dog, they may deny the claim if a dog you’re responsible for bites someone. You may be forced to pay medical bills out of pocket if that happens.
What if a Stray Dog Bites Someone on My Property?
Suppose you have a friend over, and while chatting in the front yard, a stray dog bounds up and bites them. This certainly isn’t a common occurrence, but it’s entirely possible.
Since there is no owner to be held responsible, the onus could fall back on you as the property owner.
Did you do what was reasonable to protect guests on your property? Naturally, we have to use some common sense here, but if there are known vicious strays in the area, it could be argued that you weren’t protecting people on your property from their attack.
In this situation, a California homeowner’s policy should cover the attack; since this is such a rare occurrence, you will want to check with your insurance agent to ensure that you would be covered.
What if Someone’s Dog Bites Me on My Property?
Suppose you’re the victim. What if a neighbor brings their dog over, and it bites you or your family member? What if that stray bites you?
In this situation, the same rules apply: the dog’s owner is supposed to maintain control of their animal and is responsible for any damages the animal incurs.
That includes hospital bills and damage to personal property. If the dog attacks another animal, damages can include veterinary care for that other animal.
Generally speaking, the owner’s homeowner’s insurance should cover the incident.
If a stray dog attacks you on your property, your homeowner’s policy should cover it.
Discuss Your California Dog Bite Case With Gonzalez & Jones, APC
A lot goes into these dog bites, and most cases aren’t a matter of just an aggressive animal chomping down on an unsuspecting victim.
The bottom line, however, is that if you didn’t provoke the attack, and you’re in a place where legally you’re allowed to be, you shouldn’t have to worry about any financial loss that is a result of the animal attack.
That’s why you need Gonzalez & Jones, APC to help navigate the legal waters while you focus on healing from your injuries. Let’s talk about what happened and see how we can help.
Call our Hollister, California office at (408) 848-2208, or fill out our contact form, and we’ll be in touch with you shortly.