California’s dog bite statute holds dog owners strictly liable for damages caused when their dog injures a person. California Civil Code §3342 states the dog owner is liable for damages suffered by any person whom their dog bites. The dog owner is still liable even though the dog has not shown any viciousness before biting someone. However, the law does not apply when a dog attacks another dog. The dog bite law does not apply because California laws view dogs as personal property. Therefore, if a dog attacks your dog, you need to seek damages from the dog owner under negligence laws.
Can I Be Sued If My Dog Attacks Another Dog in Los Angeles?
Yes, the other dog’s owner can sue you for damages via a negligence action if your dog attacks their dog. If your dog injures a person, they can sue you via a strict liability action under the statute cited above. A negligence claim requires the person to prove:- You owed the other person a duty of care
- You breached the duty of care
- The breach of duty caused the other party’s injuries
- The other party sustained damages
- You had notice of your dog’s dangerous, aggressive, or vicious tendencies; OR,
- You are negligent per se because you violated a local or state animal control law enacted to protect the public.
What Types of Damages Could You Be Liable for If Your Dog Bites Another Dog?
There are several types of damages you could be liable for if your dog attacks or bites another dog. Potential damages that you could be required to pay include, but might not be limited to:Cost of Medical Treatment for the Other Dog
You might be required to pay costly veterinarian fees for the treatment of the dog’s injuries. The fees and costs of treatment could include:- X-rays and other diagnostic tests
- Vet bills
- Surgery costs
- Medications and medical supplies
- Rehabilitation costs
Reduction in Market Value
You could be liable for any reduction in the dog’s value since the dog is considered personal property under California law. Therefore, if the dog sustains serious injuries and is a valuable breed, you could owe a substantial amount of money for a decrease in the dog’s market value. For example, if the owner breeds the dog, the dog’s value could decrease considerably if it cannot breed or if the injuries impact future income.Intentional Infliction of Emotional Distress
The other dog owner could sue you for intentional infliction of emotional distress. The owner would need to prove:- You exercised outrageous and extreme behavior
- You either intended to or recklessly caused the other dog owner emotional distress
- The other dog owner sustained extreme or severe emotional distress
- The cause of the dog owner’s emotional distress was your outrageous or extreme conduct