I Suffered a Dog Bite Injury — Was it My Fault?

Dog bite injuries are common in California, whether you are in Valley Center or elsewhere in Southern California. A recent article in the Los Angeles Times emphasized the particularly high rate of dog bites in the state of California and how injuries in attacks appear to be increasing. Indeed, the article reports that “dog bites are sending record numbers of Californians to the emergency room.” Data from the California Department of Health Care Access and Information shows that emergency department visits due to dog bite injuries rose by about 12% between 2021 and 2022, the last year of available data in which almost 50,000 people sought emergency treatment for dog bites.

Yet, as the article underscores, it is actually quite uncommon to have a situation where a dog that is known to be vicious is loose and attacks a stranger. Rather, most dog bites happen in circumstances where the dog is known to the person bitten and in situations with “animals being put under stress and humans not understanding their signals.” Does this information have any bearing on liability? In other words, if you misread a dog’s signals, can the attack be your own fault? In short, the answer is usually no. California follows a strict liability law, which tends to hold a dog owner responsible for most bites. Our Southern California dog bite injury attorneys can explain.

Owners are Liable for Dog Bites in Most Circumstances

In strict liability states like California, dog owners are liable for bites regardless of whether or not they thought their dog had a propensity for violence. This liability is merely due to owning the dog unless the dog was provoked or the person bitten was trespassing on the property when the dog bite happened. There is no need to prove negligence.

When is the Person Bitten at Fault?

If you or your child sustained injuries in a dog bite incident, it is important to know that it is not your fault if you or your child merely misread a dog’s signals. It is not up to the public, or to friends or family members of a dog owner, to understand a dog’s signals and to react accordingly.

Rather, there are only two general circumstances in which a person who was bitten by a dog can be at fault for the attack (and where, accordingly, the dog owner will not be liable). Under California Civil Code Section 3342, you will only be liable for your own injuries in a dog bite case if one of the following is true:

• You provoked the dog to attack (and this does not mean simply misreading signals and trying to pet a dog, but taking action to provoke the dog to violence); or
• You were unlawfully on the property as a trespasser when the dog bite occurred.

Contact a Dog Bite Injury Lawyer in Valley Center

Were you bitten by a dog recently, or did your child recently sustain a dog bite injury? It is critical to remember that, as we discussed above, California law holds dog bite owners strictly liable as long as the person bitten did not provoke the dog and was legally on the property where the bite occurred. An experienced Valley Center dog bite injury lawyer is here to help you. Contact the Walton Law Firm today to discuss your dog bite injury and to find out about filing a claim. You may be eligible for compensation to cover your monetary losses, as well as for the pain and suffering you have experienced.

See Related Blog Posts: Dog Bites Reach Record Numbers in California Dog Bites More Likely in Hot Weather