Beware of Dog, Bite

Imagine this scenario, you invite a few friends over to watch the big game Sunday. Everything is set up, snacks, drinks, you name it. Your guests arrive and are greeted by the welcoming committee, your 50lb English Bulldog, Snoodles. One of your guests, John Doe, isn’t paying attention and accidentally steps on Snoodles’ paw. As a result, Snoodles lunges out and clamps his jaws down on Mr. Doe’s calf. The bite isn’t severe, and does not draw blood, but does leave noticeable marks. Mr. Doe tells you it’s “no big deal” and the rest of the visit proceeds with no further hiccups.

A week later you get a call from Mr. Doe who is in the hospital with a severe infection in his leg where he was bit by your dog. He tells you that antibiotics are proving ineffective and that the Doctors are likely going to amputate the leg. Mr. Doe says he is going to sue you!

The question is, are you liable? In California, the answer is most likely.

California Civil Code 3342 states that a dog owner is strictly liable (i.e. liable regardless of whether the dog owner was negligent)for “. . . the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.”

As to what constitutes a bite in California, it is not necessary that the dog even break the skin with its teeth. Courts have found that merely when a dog closed its jaws on the pants of a worker, the animal's owner was found strictly liable for injuries resulting from his dog’s “bite” on the worker. (Johnson v. McMahan (1998) Cal. App. 2d Dist.).

Therefore, as depicted our above-described hypothetical, even a seemingly inoffensive bite could theoretically lead to severe liabilities for the owner.

However, there are some limitations on the law. It requires that the dog “bite” someone and that the bite occur in a public place or lawfully in a private place. Therefore, strict liability would not be imposed for injuries that results from an owner’s dog scratching someone, tripping someone, or otherwise injuring a would be Litigant. Likewise, no strict liability will be imposed for bites against trespassers or uninvited guests.

Further, Courts have held that owners can't be sued under California Civil Code 3342 if “the bite or bites occurred while the dog was defending itself from an annoying, harassing, or provoking act, or assisting an employee of the agency in any of the following:

1. In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect's involvement in criminal activity.
2. In the investigation of a crime or possible crime.
3. In the execution of a warrant. (4) In the defense of a peace officer or another person.”

Note however, that this exception only applies to those who were participants in the alleged crime. If a bystander or a victim was bitten by a police or military dog, then an action could be brought and strict liability could apply.

Additionally, Dog owners can argue a variety of affirmative defenses such as, assumption of the risk or comparative negligence in defending themselves from an action brought under California Civil Code 3342.

However, the best way to protect yourself from facing the prospect of being held strictly liable for your dog biting someone is to ensure that your dog is properly socialized and trained. As the maxim goes, an ounce of prevention is worth a pound of cure.