California Handles Dog Bite Cases Differently From Many States
At the The Law Offices of Mark A. Doughty, we know exactly how an injury can change the state of your life. A dog bite is no exception to this reality. Many people who keep dogs as pets raise them to be wonderful companions and joyful members of the family. However, not all pet owners care as much for their canines. Occasionally, untrained and otherwise unruly dogs can lash out, causing injury and even maiming the innocent people who happen to be nearby.
As dogs, particularly young or newly adopted ones, can be of unpredictable temperament, many states employ a “one-bite rule”. This rule states that dog owners are only liable for an attack if they had previous knowledge of their pet’s tendency for violence. California is not one of those states.
What Is Civil Code 3342?
In California, Civil Code 3342 states that dog owners are liable for any injuries or damages caused by their dogs. These injuries include any bites that may have occurred on public and private properties. The only group of people not covered under Civil Code 3342 are people who enter private property without the owner’s consent and subsequently sustain a dog bite. However, public officials, such as postal workers, who enter private land to perform official business can still hold owners liable if bitten.
In simple terms, this means that dog owners are always responsible for the actions of their pets. It does not matter if the attack in question took place in a public or private space. As long as the person who suffered the injury was not trespassing, they may hold the owner accountable for any injuries sustained due to their pet’s bite.
However, Civil Code 3342 provides a separate set of rules if the dog in question is a part of a government body or other law enforcement agency.
How Does Civil Code 3342 Affect Law Enforcement
Under Civil Code 3342, legal action cannot be taken against governmental agencies whose agents used canines as part of their duty. This includes canines who bit people during:
- The apprehension of someone suspected of criminal activity
- The investigation of a crime
- The execution of a warrant
- During the defense of a peace officer
Governmental agencies and their agents are not liable if the dog bite in question resulted from a service dog being harassed or provoked.
This set of stipulations primarily protects peace officers who use canines to assist them during their job. After all, it would not be fair if officers were liable for their partner’s actions when the express purpose of a K-9 unit is to restrain suspected criminals through biting. However, government agencies do not have complete immunity under the law.
How is Law Enforcement Held Responsible?
Suppose during an operation a canine attacks a person unrelated to the criminal or crime in question. In that case, that person has a right to bring legal action against the agency in charge of the canine. Likewise, if a governmental agency does not have a written policy expressly allowing the use of dogs, citizens may hold them responsible if bitten by the agency’s dogs.
This part of Civil Code 3342 is meant to provide some level of accountability to government agencies. It outlines that the protections provided to peace officers do not apply to activities outside the scope of law enforcement.
Have Us Handle your Case
If someone you know suffered an injury resulting from a dog bite, then chances they are legally entitled to compensation. Not only can dog bites result in long-term injury, but the experience itself can also haunt a victim for years. The least a dog owner can do after such an incident is help you pay for medical costs. Since many dog bites occur between people who are already well acquainted, the process of compensation is often easy. However, if the dog owner is refusing to make amends, you can always count on the excellent team at the The Law Offices of Mark A. Doughty to get you the compensation you deserve.