A dog bite claim usually begins with the animal’s owner, but another person or business may also share responsibility for allowing the attack to happen. Identifying everyone involved can affect which insurance policies are available and the compensation you may recover. A Fresno personal injury lawyer at Freedman Law can investigate the attack, identify potentially responsible parties, and explain your legal options. Contact us today for a free consultation.
When Is a Dog Owner Responsible for a Bite Injury?
California generally holds a dog owner responsible when the animal bites someone in a public place or while that person is lawfully on private property. The injured person does not have to prove that the dog has bitten before or that the owner knew it was dangerous.
This rule can cover attacks on sidewalks, in parks, or inside a home where the victim was invited. It also protects delivery drivers, postal workers, contractors, and others authorized to enter the property. The owner’s homeowners or renters insurance policy will typically pay the claim, even if the attack happened somewhere else. Coverage does depend on the policy terms, exclusions, and available limits.
Can Someone Other Than the Owner Be Liable?
Although California Civil Code Section 3342 addresses a dog owner’s liability for bites, other parties may be responsible under separate legal theories. Determining who handled the dog, where the attack occurred, and who knew about its behavior can reveal additional parties to investigate:
A Landlord or Property Manager: If they knew a tenant kept a dangerous dog and had the ability to address the risk. For example, if there is evidence of prior complaints, attacks, or written warnings may show what the landlord knew.
A dog walker, pet sitter, kennel, groomer, or other caretaker for losing control of the animal or ignoring known safety concerns.
A business when it allowed a dangerous dog on the property or failed to protect visitors from a known risk.
Each potentially responsible party may have separate insurance policies.
What If the Owner Says It’s My Fault?
An owner or insurer may claim that you provoked the dog, ignored a warning, or entered the property without permission. A Fresno Dog Bite Lawyer can challenge attempts to place unfair blame on you by reconstructing the events leading to the attack. They will show why those allegations do not match what actually happened. Your attorney may compare the owner’s account with witness statements, video footage, photographs, animal control reports, and records showing why you were on the property.
If the owner claims that a warning was given, the lawyer can examine where it was posted, whether you could see it, and if the dog was properly restrained. When a child is injured, a valid argument would be that the child’s age affects their ability to recognize and avoid danger .
What If the Dog Did Not Bite?
A loose dog can cause injuries by knocking someone down, chasing a bicyclist, or forcing a person into traffic. California’s dog bite statute generally applies to bites, but compensation may still be available through a negligence claim when an owner or caretaker failed to use reasonable care.
California Civil Code Section 1714 provides a general basis for responsibility when a failure to use ordinary care causes injury. Potential evidence may include a broken gate, missing leash, prior escapes, poor restraint, or another preventable failure that allowed the dog to cause harm.
Get Answers About Responsibility for Your Dog Bite Injury
We can help you determine whether responsibility for a dog bite injury extends beyond the animal’s owner. Contact Freedman Law online to request a free consultation or call (559) 447-9000 today.
