Under California law, dog owners are generally liable for bite injuries or fatalities that occur in public places or in private places where the victim is lawfully present, even if the dog has never shown aggressive behavior. However, there are notable exceptions when the owner may not be held responsible.

Exceptions to Dog Bite Liability

California Civil Code Section 3342 holds a dog owner responsible for attacks under those circumstances described above. It does not always apply, especially when events occur beyond the owner’s control or involve other complicating factors.

Key Defenses an Owner Might Use

These are some of the most common defenses in dog bite cases that may reduce or eliminate owner liability.

Trespassing

If the person bitten was on the property unlawfully, or ignored warning signs or fences, the owner may use that as a defense. Proving trespassing shows that the injured person was acting negligently and bears responsibility for the harm. These cases are more complex when they involve workers like delivery personnel.

Unwarranted Provoking

Liability may be avoided if the victim provoked the dog. Examples include grabbing the dog’s toy, startling the dog, or otherwise intentionally engaging the dog in a manner known to trigger aggression. If the victim ignored warnings or behaved in a way that any reasonable person should have known was risky, this may reduce or remove liability.

Assumption of Risk

Certain people who choose to interact with dogs as part of their job or duties may be seen as assuming the risk. Veterinarians, groomers, trainers, pet sitters, shelter workers and others whose work involves handling animals are sometimes considered to accept known risks of bites. In those situations a court may find the owner not liable.

Wrongful Death and Dog Bites

In rare cases when a dog bite leads to death, the victim’s family may bring a wrongful death claim. Just like personal injury claims, defenses such as trespassing or provocation may apply. Consulting an experienced wrongful death attorney is essential to understanding the specific legal risks and possibilities.

Why Contact Hillstone Law

Dog bite incidents are distressing, and determining liability is often more complex than it first appears. At Hillstone Law we help by reviewing the circumstances of each case, identifying applicable defenses, gathering the facts that matter, and helping you understand whether you have a claim or whether you might be defending against one.

Reach out to Hillstone Law for a free consultation to discuss your dog bite situation. We will help you understand your legal options, the potential defenses, and whether you may be entitled to compensation or need to defend your rights.