What Is Strict Liability in Dog Bite Cases in California?

California law holds dog owners strictly liable for any bites inflicted by their animals. This means that if a dog bites another person, the owner can be held accountable without the victim needing to prove any previous aggressive behavior by the dog or demonstrate that the owner acted recklessly or negligently. 

Pursuing a Dog Bite Case in California

To pursue a successful lawsuit for a dog bite under California law, the victim must establish two key elements: 

• The Incident of the Bite: The victim must provide evidence that the dog bit them. This can include medical records, photographs of the injuries, or eyewitness accounts. 
• Ownership or Responsibility: The victim must show that the dog owner either owned the dog at the time of the incident or had control and responsibility for the dog. This can involve proving the owner’s relationship to the dog, such as ownership, guardianship, or caretaker status. 

Under this strict liability framework, victims are protected, allowing them to seek compensation for their injuries without the burden of proving the owner’s fault or the dog’s prior behavior. This legal approach emphasizes the responsibility owners have for their pets’ actions.

Difference Between Strict Liability and One Bite Rule

The one-bite rule and strict liability represent two distinct approaches to holding dog owners responsible for bites and injuries caused by their dogs. Strict liability is a legal principle that imposes responsibility on dog owners regardless of their knowledge of their dog’s aggressive behavior. This means that if a dog bites someone, the owner is automatically liable for the damages caused. 

On the other hand, the one-bite rule establishes that dog owners are only held liable if they knew or should have known about their dog’s propensity for aggression. Under this rule, an owner becomes liable only after their dog has bitten someone at least once. The concept behind this is that the first incident serves as a warning, putting the owner on notice of the potential danger. If the owner fails to take appropriate action to prevent further incidents after that first bite, they can be held responsible for any subsequent attacks. 

Exceptions To the Strict Liability Rule

In California, the strict liability laws regarding dog bites have five important exceptions that can affect the outcome of a legal claim: 

• Trespassing Victims: The strict liability rule does not apply if the individual was unlawfully on someone else’s property at the time of the dog bite. 
• Law Enforcement Dogs: Bites or injuries inflicted by law enforcement dogs performing their official duties do not fall under the strict liability framework. 
• Ownership Requirement: The person who owns a dog is typically responsible for its actions. If someone else takes care of the dog without being its legal owner, they may not be liable under these laws. 
• Assumption of Risk: If a person willingly puts themselves in a situation where they know they are at risk of being bitten—such as entering a dog park or attempting to pet a dog they know is aggressive—they may be deemed to have legally assumed that risk. 
• Partial Fault: If a victim is found to be partially at fault for the incident—perhaps by provoking the dog or failing to follow posted warnings—they may share responsibility for the injury. 

Contact Albert Abkarian & Associates To Learn More About Dog Bite Cases

If you or someone you love has been bitten by a dog in California and you want to understand what legal remedies you may be able to pursue, reach out to Albert Abkarian & Associates today and review your case with an experienced California dog bite attorney.