Dog Bite

San Diego Dog Bite Attorney Jeffery Frank
Answers Frequently Asked Dog Bite Questions

Who is responsible for a dog bite injury?
In California, different rules of liability apply to dog bites and other animal bites depending on the type of animal and its past history of problems, if any.

The basic rule of liability for animals normally kept as a pets, such as most dog breeds, depends on the place where the bite occurs.

If the bite occurs in a public place, or on private property where the person bitten had permission to be on the property or was otherwise legally justified in being on the property (such as a mailman or meter-reader), the owner or caretaker for the dog will be responsible for any injuries caused by the dog, regardless of the events surrounding the bite, how the dog was chained or enclosed, etc… This is known as strict liability, that is, liability without regard for the conduct of the owner or the victim. Regardless of who would normally be "at fault" under normal negligence standards, the owner or caretaker will be held responsible.

If a domesticated pet has a history of attacking people, the owner is strictly liable regardless of the circumstances or where the bite occurred. Likewise, if someone is bitten by an animal which is considered "wild" (such as someone's pet ferret), the owner is strictly liable regardless of the circumstances or where the bite occurred (public or private property).

Who pays for the dog bite injuries?
Typically, the dog owner's homeowners or renter's insurance will cover these losses. If the injury occurs on a business premises, the general liability coverage of the business will typically cover the loss. The owner typically pays personally only where they have no applicable insurance. As with virtually all other claims covered by insurance, insurance adjusters are rated on how cheaply they can settle your case. It is of the utmost importance to have a tough, experienced San Diego dog bite attorney to maximize your monetary recovery.

Will the owner go to jail or the dog be put to sleep if I sue?
Criminal and civil proceedings are usually not related or coordinated, so a civil suit for money damages will not typically result in criminal prosecution unless the attack is also reported to law enforcement. That being said, reporting the attack is the right thing to do in that it may protect potential future victims, such as children, from the risk of death or serious injury from the dog or other animal. Owners do not often face criminal prosecution unless they have already had problems with the animal or their own behavior was so irresponsible that the courts feel they deserve criminal punishment. In the normal dog bite case, the matter is settled between the victims and the dog owner's insurance company.