The one-bite rule is used in many states, but it doesn’t apply to animal bite cases in California. Under state law, a dog owner is strictly liable for injuries anytime their dog bites someone. This applies whether it’s the first time, the fifth time, or whether there’s proof of negligence or that the dog was dangerous.
At The Law Offices of Jacob Emrani, our dog bite attorney has handled many types of animal attack cases. We’ve won millions of dollars for personal injury clients throughout Southern California. Our team knows how to hold irresponsible dog owners liable and win compensation for the damages a dog bite can cause.
How Does a One-Bite Rule Work?
In some states, a dog owner can be sued only if it’s proven the animal bit someone before. If not, the victim can’t pursue compensation even if they were attacked by a vicious dog. This rule also means the victim must show the animal was prone to biting before the attack. Otherwise, the dog essentially gets a “free pass”. That’s unless the owner knew or should have known the animal had an aggressive disposition.
With the one-bite rule, the owner is put on notice about their dog’s propensity to cause harm. The law then requires them to take precautions to ensure a similar incident doesn’t happen again.
How California Animal Bite Law Works
In a lawsuit, a dog bite attorney in California must follow the principle of strict liability. A dog owner is strictly liable if it’s the first time the animal has bitten someone, even if the injury it caused is minor. The victim has the right to pursue compensation for the following common losses:
- Emergency medical care
- Surgery
- Physical therapy
- Rehabilitation
- Loss of income
There is no limit as to how much compensation can be awarded to a dog bite victim. It’s managed on a case-by-case basis. The severity of the injuries, lasting scars or disabilities, and the length of recovery time can affect how much a victim can receive.
Aside from economic expenses, compensation for psychological and emotional trauma can also be sought. Lasting effects like post-traumatic stress disorder (PTSD) aren’t as easy to calculate in dollars, but our dog bite attorneys can pursue compensation that represents the injury’s true impact on your life.
When the One-Bite Rule Does Not Apply
The one-bite rule can only be used when strict liability applies. Exceptions to strict liability in California regarding dog and animal bites include the following:
- The Victim Was Not Bitten: An incident in which the victim wasn’t bitten but injured by the dog by, for example, being knocked over by the animal, doesn’t fall under strict liability.
- The Victim Was a Trespasser: Dog owners are not strictly liable if the victim was trespassing on their property at the time they were bitten. The doctrine only applies if a dog bite victim was on public property or lawfully on private property.
- The Victim Was Partially Responsible: If the person was partially at fault for the bite by, for example, provoking the dog, the owner can’t be held strictly liable.
- The Dog Was a Law Enforcement Animal: Strict liability laws don’t apply if the dog was in the line of duty when the bite occurred.
- The Victim Works with Dogs Professionally: Veterinarians, veterinary technicians, dog walkers, dog groomers, dog kennel employees, and others who work with dogs in the scope of their employment assume the risk of being bitten, so strict liability doesn’t apply.
The exception is the dog owner knew the dog was aggressive or had bitten someone before and failed to warn the professional who was working with the animal.
Can a Dog Owner Still Be Sued If Strict Liability Doesn’t Apply?
If any of these exceptions apply, filing a civil claim using strict liability won’t help the plaintiff. However, they can take legal action by proving the dog owner was negligent. Taking this route requires showing the owner knew the dog had bitten someone in the past. Then it can be assumed they knew or should have known the animal could bite someone again.
Why You Need a Dog Bite Attorney
A dog bite can cause serious injuries, whether it involves one or multiple bites. An animal attack can also knock someone to the ground or cause an injury as the victim flees when a dog chases them. An experienced dog bite attorney is familiar with these events and common types of injuries. These include skin punctures, infections, torn muscle, loss of limbs, and sometimes a victim’s death.
Strict liability lawsuits often result in settlements with the pet owner’s insurance company. However, if the insurer disputes a claim or offers a low settlement, the victim can file a lawsuit. The bite should also be reported to animal control. Your attorney will help direct you to the appropriate agency if necessary. Depending on the severity of the injury or the dog’s history of aggression, the owner may be required to take precautions to avoid future incidents; or, the dog may be euthanized (in cases involving a catastrophic injury or death).
Call Jacob Today
Whether you have a dog bite, animal attack, or other premises liability claim, our skilled dog bite attorney builds your case and fights for your rights. We follow all aspects of California law, whether strict liability applies or winning your case requires a different approach, such as negligence (with no one-bite rule to hold back your claim). No fees are charged until your case wins and you pay nothing out of pocket. Our team holds liable parties accountable and works until we win maximum compensation for your injuries and losses.
Call (888) 952-2952 to schedule your free consultation.