In California law, service dog owners are responsible for their dogs’ behavior. If a service dog were to bite someone, the owner would generally be considered liable, even if they did not know the animal was prone to aggression.
The rule applies to bites occurring in public places or on private property where the victim is lawfully present. If you need professional advice after a service dog bite, our San Diego dog bite lawyer can evaluate your case.
Does California’s Strict Liability Law Apply to Service Dog Bites?
California follows a strict liability rule for dog bites under California Civil Code § 3342. Strict liability means that a party may be held liable even if they were not negligent, did not intend to inflict any harm, or did not know their dog might bite.
Who is Liable When a Service Dog Attacks?
When a service dog bites someone who is lawfully present on public or private property, its owner or handler is usually held liable. The dog’s owner need not have known that their service dog might bite. Federal disability laws protect service dog handlers’ access rights but do not shield owners from liability for bites.
Common Reasons Why Service Dogs Bite
Service dogs are usually highly trained. All the same, they have canine instincts and may become reactive under certain circumstances. Common reasons why this may occur include:
- Overstimulation, fatigue, or overwhelm
- Pain or health issues
- Fear or confusion
- Inadequate training
- Overprotectiveness
Although it may be possible to understand why a service dog bit someone, its owner is responsible for its actions and may be required to compensate an injured party.
Where and When Dog Owner Liability Applies in California
If you were bitten by a service dog, either in a public place or on the dog owner’s property, owner liability generally applies. Examples may include:
- A dog bite to a person sharing a sidewalk or public park with the dog owner and their service animal.
- A dog bite that occurs in the service dog owner’s yard or home.
- An attack on other private property, for example, a friend’s home or yard.
The key element is that the person who was bitten was lawfully present. If they were not trespassing, the owner is generally liable for any dog bite injuries inflicted.
Your Legal Rights After Being Bitten By a Service Dog in California
If a service dog bites a person in any circumstances other than those excluded in California’s dog bite laws, you have the right to seek compensation for your injuries.
- Medical expenses
- Lost wages or income
- Pain and suffering
- Disfigurement
- Emotional distress and trauma
Dog bites can lead to severe injuries, may be complicated due to infection, and can cause permanent scarring. The law protects your right to compensation after being wrongfully injured.
What Happens to the Service Dog After it Bites Someone?
In California, dogs are typically quarantined to be monitored for rabies. If the attack was severe, unprovoked, or the animal had previously attacked, it may be deemed dangerous. This could mean that its owner must implement strict control measures. In very severe cases, a court may order that it be euthanized.
Defenses Service Dog Handlers May Use (And Why They Often Fail)
Service dog handlers may raise one or more defenses in an attempt to avoid liability for their animal’s behavior after a dog bite attack. However, it may be difficult for these defenses to succeed. They include:
Provocation
A handler may assert that the victim teased or deliberately hurt the dog. Provocation is a recognized defense, but it depends on whether the victim’s actions would reasonably provoke a dog.
Assumption of Risk
A handler may argue that a victim was aware of the risk and voluntarily assumed it. They may claim that the victim was adequately warned of danger. For example, the animal was wearing a vest patch. Courts often reject this defense on the grounds that the animal was not properly controlled and that most people would not expect it to be dangerous.
Disability Discrimination
A defendant may claim that the charge is being raised due to disability discrimination. This defense may fail as it is invalid. Courts distinguish between the dog’s behavior and its owner’s disability.
Tresapassing
If a dog bites a person who was trespassing on private property under Cal. Penal Code § 602, it represents a strong defense. However, this defense would fail if the bite occurred in a public place or if the victim had lawful reasons to be on the handler’s property.
The Dog Was Performing Its Duties
As an example, certain service dogs are trained to protect their owners during medical emergencies. While a handler may argue the dog was responding to training, liability typically still applies if the dog bites a person.
How to Prove Your Service Dog Bite Case in San Diego
Photos of your injuries, the location, and the dog can help establish liability. If there are witnesses, record their contact details. Get medical attention as soon as possible, and report the attack to Animal Services immediately.
Retaining the services of an experienced San Diego dog bite lawyer may benefit your case. Contact Kashou Law for a free case evaluation.