Understanding California Dog Bite Laws: Strict Liability
In California, dog owners may be held legally responsible if their dog bites someone, even if the dog had not bitten anyone before and they did not know about the dog’s potentially violent propensity. Unlike some states that require proof that a dog had previously shown aggressive tendencies, California generally holds dog owners strictly liable under California Civil Code § 3341.
The Role of Homeowner Insurance in California Dog Bite Cases
Damages in a dog bite case can easily reach six figures, depending, among other things, on the severity of the injuries and their long-lasting effect. For California dog owners, this can cause a personal financial crisis, especially if the damages suffered by the victim of a dog bite exceed the assets of the dog owner. One potential safeguard exists: Homeowner Insurance.
Standard homeowner insurance policies typically cover damages in a dog bite case, including:
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Rehabilitation or therapy costs
- Permanent scarring or disfigurement
- • Legal defense costs
FAQs
Will my homeowner insurance be sufficient to cover damages in a dog bite case?
Generally, California homeowner insurance policies offer liability protection at a range between $ 100,000.00 and $500,000.00. Depending on risk factors, including owning a dog, your insurer may recommend that you carry coverage on the higher end. Certain insurers require a specialized pet policy or canine liability coverage. These can be an add-on to your homeowner insurance. Another option is to purchase a separate umbrella policy, to add extra liability coverage.
Do homeowner insurance cover all dog breeds?
Some insurance companies have breed restrictions. Even if state and local rules do not have an official classification of potentially dangerous dog breeds, insurers can implement their own breed restrictions. They may deny coverage if, for example, you own a dog from a restricted breed and failed to disclose this fact prior to an incident.
What if I don’t own a home?
Renters insurance may offer coverage for dog bites similar to homeowner insurance. Some downsides to renters insurance include: insufficient liability coverage, strict landlord restrictions, and fewer umbrella options. It is important to review all terms of such policies to determine how you can best protect yourself in case of a dog bite.
What if my dog bit someone outside of my home?
If your dog bit someone at the park or on a sidewalk, it is possible that you can still be covered by your homeowner insurance as coverage generally falls under your policy’s personal liability section. In other words, standard homeowner insurance can cover dog bite incidents no matter where they happen.
What if the dog belongs to someone else?
There are many situations that can potentially give rise to a homeowner’s liability in a dog bite incident, even if the dog belongs to someone else. For example, negligence may arise in cases including but not limited to:
- The dog involved in the incident does not belong to the homeowner but to a tenant living on the premises;
- The dog involved in the incident belongs to a guest of the homeowner ;
- The dog belongs to someone who is living on the homeowner’s property temporarily;
In these types of situations, many factors can play a role in determining liability and insurance coverage, such as:
- The specific language of the homeowner insurance policy
- The specific language used in any landlord-tenant agreement
- The presence or lack thereof of renters insurance
- Whether the homeowner themselves occupied the premises
- Whether tenants are included in the coverage of the homeowner insurance policy
- The presence of an unsafe condition on the premises, and/or
- The homeowner’s prior knowledge of the dog’s violent/aggressive propensity, yet still allowing it to live in or visit the property.
Contact The Law Offices of Ali Taheripour
At The Law Offices of Ali Taheripour, we understand the complex legal issues that can arise in California dog bite litigation. Whether you were injured in a dog attack or are facing a dog bite claim, our team can help evaluate your situation and explain your legal options under California law, including coverage under a homeowner insurance policy.