California Dog Owners Strict Liability Law

In California, dog owners are held strictly liable for injuries caused by their dogs. This means that regardless of the owner’s knowledge of the dog’s dangerous propensities, they will be liable for any harm caused by their dog. The purpose of this paper is to explore the California Dog Bite strict liability law, its history, and how it differs from other states.

History

The California Dog Bite strict liability law was enacted in 1931, after a series of court decisions had established the principle of “scienter” liability. The scienter liability rule required the plaintiff to prove that the owner had knowledge of the dog’s dangerous propensities, and had failed to take adequate precautions to prevent injuries. However, the California court recognized that the scienter liability rule was inadequate in protecting plaintiffs from dog bite injuries, and they needed a better legal protocol to protect the victims.

In 1931, the California legislature enacted the Dog Bite statute, which provides that “the owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog. The statute applies regardless of whether the owner knew of the dog’s viciousness or had taken any measures to prevent the dog from harming others.”

Strict Liability

Under the California Dog Bite strict liability rule, the plaintiff does not have to prove the dog owner’s knowledge of the dog’s dangerous propensities. The plaintiff must prove that the dog bit them, and they suffered damages as a result. The dog owner is presumed to have knowledge of the dog’s dangerous propensities, regardless of their past behavior, and the plaintiff does not have to prove that the dog was actually vicious.

Exceptions

However, there are exceptions to the California Dog Bite strict liability rule. If a person is bitten while trespassing on private property, or while provoking the dog, the strict liability rule will not apply. Additionally, the strict liability rule does not apply to police or military dogs that bite while performing their duties.

Comparison with Other States

Many other states have adopted strict liability rules for dog bite injuries, but some states have enacted more restrictive laws. In some states, the strict liability rule only applies when the dog owner knew or should have known of the dog’s dangerous propensities. In other states, the strict liability rule only applies to certain breeds of dogs, such as pit bulls or Rottweilers.

Conclusion

The California Dog Bite strict liability law provides an easier path for victims to obtain compensation for injuries caused by dog bites. While it is not perfect, the strict liability law provides a clearer standard for accountability than the former “scienter” liability rule. It is important for all dog owners to take responsibility for their animals, and take precautions to prevent dog bite injuries. With this law, victims can get justice even if it means the owners being held accountable for their animals.

Eduard Braun, ESQ
Law Office of Eduard Braun, P.C.