Victims of dog bites in California may seek financial recovery of the losses they have, including medical bills, lost wages, and pain and suffering. In some situations, punitive damages may also be available. Punitive damages in a California dog bite lawsuit are typically awarded as a type of punishment against the at-fault party. They are not common, but may be possible in some cases. Speak with a San Diego dog bite lawyer today.
When Punitive Damages May Be Available
Punitive damages may be available in cases where the at-fault party acted with willful malice or reckless indifference to the safety of other people, and that is what directly caused the dog bite to occur. This is a very challenging accusation to prove, and when applicable, it can lead to criminal charges against the at-fault party.
To seek punitive damages, you must demonstrate that gross negligence or willful misconduct took place. To prove this, the owner must show that the dog had a history of aggression, such as biting or attacking people. You must also demonstrate that the owner failed to take reasonable steps to protect the public by securing the dog.
Otherwise, you must demonstrate that the owner intentionally caused the dog to attack the victim. You may have to demonstrate that the owner instructed the dog to attack the victim, resulting in the injuries.
What Your Damages May Include
In most situations, dog bite cases are litigated under Section 3342 of the California Civil Code. It holds that dog owners are strictly liable for their dogs’ actions. You, as the victim, do not need to prove that negligence occurred. That means you do not need to prove the dog had a history of biting others or that the owner was reckless. Even if the owner had no idea the dog could bite another person, the owner remains at fault.
Proving Your Case for Punitive Damages
The challenge in this case is proving that the owner acted through gross negligence or willful misconduct to receive punitive damages. Evidence that may help prove this must be clear and convincing. Examples may include:
- Documentation that the owner allowed the dog to be loose, even with previous claims of having hurt others.
- Words or statements you or witnesses heard coming from the owner instructing the dog to bite or attack the victim.
- Evidence showing the owner intentionally failed to take action to protect the public from the dog’s actions, despite knowing the risks.
In these situations, you may be able to demonstrate gross negligence. If you do, the court may consider the award of punitive damages.
What Punitive Damages May Be Worth in a Dog Bite Case in California
California law typically uses a multiplier method to calculate punitive damages in a dog bite case. This cannot exceed a ratio of 10:1 for punitive damages to actual damages. A higher multiplier is applied when the actions are more egregious or the defendant’s conduct was intentional. Other factors, including the owner’s financial security and means, are taken into account.
Note that homeowner’s insurance often covers dog bite claims, including economic and non-economic losses suffered by the victim. It typically does not include punitive damages claims.
If you were hurt and you believe the owner’s actions warrant punitive damages, speak to a California dog bite attorney to discuss the details of your case.