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Library - Consumer Rights
Consumer
Safety
WHO IS RESPONSIBLE FOR DOG BITE INJURIES?
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Q:
I was bitten by a dog
while I was invited to the home of a friend’s friend
during a social gathering. The dog owner told me that
the dog was never aggressive and had never bitten anyone
before. I was given first aid and assured that the dog’s
shots were current. However, two weeks after the
incident, my bite wound still had not healed. I went to
see my doctor and ended up spending a lot of money for
treatments and medicines. I also missed work for a few
days since it hurt to walk. Who should be responsible
for my damages? |
A:
California law states that the owner of any dog is liable for the
damages suffered by any person who is bitten by the dog. The owner
is liable whether the bite occurred at a public place or in a
private place, including the property of the dog owner.
Other states allow owners to have their dogs get “one
free bite.” This means a dog owner has no liability to a person that
his or her dog injured if that was the first time the dog had bitten
anyone. However, in California, dog owners are liable regardless of
whether the dog has bitten anyone before or not.
Even though the dog bite law imposes liability only on
the dog owner, any person might be liable if he or she was negligent
or maintained custody or control of the dog even after knowing that
the dog was dangerous. These other persons may include employers,
landlords and breeders.
Dog bites result in thousands of injuries every year,
sometimes even including death and other catastrophic and permanent
injuries, such as scarring. In addition to physical injuries, they
may cause severe anxiety to the victim. Liability for these injuries
can be significant. The law allows the dog bite victim to recover
the following:
1. Medical treatments such as first aid, emergency
room, ambulance, hospital and doctor visits
2. Future medical treatments including scar revision or
reconstructive surgery
3. Psychological counseling to overcome the emotional trauma
of the dog attack and its consequences
4. Loss of earnings
5. Pain and suffering (also known as general damages)
In many cases, the damages are paid by the homeowner's
insurance, renter's insurance, landlord's insurance, or dog owner
insurance. There is also insurance that cover employers and
breeders. For dog owners, it is prudent to check with their
insurance agent if they have applicable insurance coverage in the
event their dog hurts anyone. Additionally, some breeds of dogs are
excluded from coverage so they must clarify if the insurance company
will cover the breed of dog that they have.
There are many people who love their dogs and in fact,
dogs and humans for the most part co-exist harmoniously. However,
given the serious injuries that these dogs can and do cause, owners
have a duty to take reasonable precautions to protect members of the
public. Should they fail in that duty, the victims may seek remedies
under the law.
© Law Offices C. Joe
Sayas, Jr.
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