A vicious dog attack on your dog is the type of nightmare every pet owner dreads but understands it can happen. Some dog owners refuse to keep their pets leashed when outside of the home. There are even some dog owners who are physically incapable of restraining their leashed pets.
Can you sue if a dog attacks your dog in California? That’s a legal question that will be explained in this article.
This is your look at California dog-on-dog attacks from a legal perspective.
The Legal Basis for Suing After a Dog Attack
California law empowers dog owners to take legal action against other dog owners if those animals attack your dog. However, damages are primarily applicable to the cost of medical care or the wrongful death of the pet. Though there is the potential for the owner of a dog who dies in a dog attack to obtain compensation for loss of consortium and emotional trauma, there is no guarantee that damages will extend beyond the impact mainly related to the dog.
Every California dog owner should be aware that Civil Code 3342 is not applicable when a dog attacks another dog. There is a common misconception that the state’s dog bite statute provides the legal footing for a lawsuit. The code referenced above limits protection to human beings, meaning pet owners, as opposed to dogs.
State law considers pets such as dogs to be the human owner’s personal property. In the event that a dog harms another dog, the burden is on the plaintiff to select an attorney to file a property damage lawsuit.
Dog Owner Liability Explained
California law states a dog owner is liable for damages to property. As noted above, dogs are considered personal property in the state’s boundaries. A careless defendant who fails to prevent his or her dog from harming the plaintiff’s dog is considered negligent.
The owner of the offending dog has legal liability for the incident if he or she fails to take preventative action after being made aware of the dog’s aggressive demeanor or past behavior. Failing to comply with the leash law or other applicable animal control ordinances also constitutes defendant negligence, spurring legal liability.
Potential Damages After a California Dog Attack
If a dog harms your dog, take action immediately after your pet receives medical treatment. A dog attack attorney in California will help you obtain financial compensation after this unfortunate event.
In general, the greater the cost of the dog’s related medical treatment is considered. If the dog is used for competition and/or breeding, the decrease in the dog’s market value post-injury determines the damages available for recovery. A dog’s market value can be in the thousands of dollars, especially if it is a rare breed or show award winner.
There is also the potential to obtain financial compensation if the owner of the dog acted violently or recklessly. If recklessness or intentional violence is proven, the plaintiff can obtain damages for the intent to inflict distress. However, the plaintiff has the burden of proof to demonstrate that the defendant acted in an outrageous or extreme manner that recklessly or intentionally caused emotional distress to the owner of the victimized dog.
Furthermore, the emotional distress suffered by the owner of the injured dog must be considered extreme or severe to trigger economic damages. The final piece of the legal puzzle to obtain financial compensation for emotional distress is proving the distress resulted from the defendant’s reckless or outrageous actions.
We would be remiss to gloss over the fact that the state lacks a direct ruling regarding whether the owners of injured dogs are eligible for emotional distress damages after the intentional infliction of harm. However, California judges and juries have provided economic relief for pet owners whose furry friends were hurt by humans. Therefore, there is an argument to be made that a precedent has been set for the same damages to be available to the owners of dogs hurt by other dogs.
The damages applicable to the dog’s post-attack medical bills are payable to the owner of the hurt animal. Such medical bills encompass pharmaceutical expenses, wound care, boarding costs, and medical equipment. Moreover, there is also the potential for punitive damages meant to punish the defendant for carelessness or unjustified ill will.
What to do After a Dog-on-Dog Attack
The most important thing you can do after such a traumatizing event is obtain immediate medical care for your dog. Contact your local veterinarian for emergency medical care. Connect with an experienced California dog bite lawyer and you’ll find the state’s dog bite law unexpectedly does not protect other dogs from harm. Since the state views dogs as humans’ personal property, the owner of the animal is empowered to file a lawsuit under the property damage theory of liability.
If the victimized dog owner’s attorney cannot prove the harm to the dog was intentional, it will result in a loss or dismissal. Our California dog bite attorney will comprehensively analyze the evidence of your dog-on-dog attack to prove the owner of the other dog was aware of its vicious tendencies, ultimately making him or her negligent.
FAQs
1. What are my rights if my dog is attacked by another dog in California?
You have the right to sue the owner of another dog that attacked your dog. Meet with a California dog bite lawyer to analyze the incident in-depth and this legal practitioner will identify all potential damages causally related to the attack.
2. What damages is someone liable for in California if their dog bites your dog?
More damages are available in the aftermath of a dog-on-dog attack than most dog owners assume. The cost of medical care related to the accident can be recovered. If the decline in the dog’s value on the market is greater than the cost of medical treatment for his or her injuries, that sum will be awarded.
There is also the potential to obtain damages for both medical treatment and the dog’s market value decline. Intent to inflict distress as proven through evidence of recklessness creates an opportunity for additional damages. Punitive damages may be tacked on to especially egregious cases of dog owner negligence to punish the defendant for carelessness.
For help, contact Gomez Trial Lawyers today for a free consultation by calling 866-TRIAL LAW (866-874-2552) or by contacting us online.