The Veterinarian Rule in Dog Bite Cases in California
California’s Strict Liability Rule in Dog Bite Cases
In general, California dog bite law is governed by the legal concept of strict liability: Under California Civil Code Section 3342, the owner of a dog that bites is responsible for the resulting injuries whether or not they knew that the dog previously bit, or had a dangerous or vicious propensity. The statute is designed to prevent dogs from becoming a hazard to the community by holding dog owners to a strict standard of care, and assigning strict liability for its breach.
Although California’s strict liability law strongly favors dog bite injury victims, certain defenses and exceptions may still apply. One of them is the Veterinarian Rule.
What is the Veterinarian Rule?
The Veterinarian Rule in California recognizes that certain professionals have accepted and assumed the inherent risk of being bitten due to the nature of their job. In other words, where a person accepts responsibility for controlling a dog, she cannot maintain a
cause of action for injuries resulting from her own failure to control the dog. Under the Veterinarian Rule, a dog owner or an employer may invoke The Veterinarian Rule to defend themselves against a dog bite injury claim.
The Veterinarian Rule is not presently codified in any California statute. Rather, it is the result of common-law doctrine. Priebe v. Nelson (2006) 47 Cal. Rptr. 3d 553, 39 Cal. 4th 1112.
Does the Veterinarian Rule apply only to veterinarians or other professions?
California courts suggest that the Veterinarian Rule applies broadly, encompassing any situation where the care, custody, and control of a dog has been entrusted to trained professionals in exchange for compensation. In California, the Veterinarian Rule has been successfully raised as a defense in cases involving:
- Veterinarians
- Veterinary assistants
- Professional dog groomers
- Kennel workers/technicians
What if the owner knew of their dog’s dangerous propensity?
As with every rule, exceptions apply. Courts may rule out the defense of the Veterinarian Rule in cases where the owner or the employer knew of the dog’s biting history and failed to warn the employee who was bitten.
In certain recent cases in Los Angeles County, juries have found in favor of county shelter employees bitten by dogs, where evidence demonstrated that the shelter knew about and failed to disclose prior biting incidents.
Can an employee of a veterinary office, or kennel, pursue workers’ compensation?
Depending on the specific facts of the case, it is possible that an employee who has been bitten by a dog while in the course of employment at a veterinary office or kennel may pursue workers’ compensation. In California, workers’ compensation is an exclusive remedy against your employer, based on a no-fault system. As such, an employee who was bitten by a dog in the course of their work may be able to pursue certain benefits under workers’ compensation, regardless of the Veterinarian Rule.
How the Law Offices of Ali Taheripour Can Help
At The Law Offices of Ali Taheripour, we understand the complex issues that can arise in California dog bite litigation. We are mindful that a dog bite case is never simply a case number or a legal dispute, but a highly emotional situation for all involved, which merits compassion and understanding. 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.
Every case is fact-specific. Working with an experienced California personal injury attorney can help you to navigate the legal process. With more than 20 years of experience, the Law Offices of Ali Taheripour provides dedicated legal representation across Los Angeles, Woodland Hills, and throughout California.
Contact The Law Offices of Ali Taheripour today for a consultation.