Dog Bites Calabasas

Calabasas is home to numerous hiking trails, parks, and residential neighborhoods where dog ownership is common. While most interactions with dogs are safe, attacks occur and can result in significant physical injury and financial loss. Understanding the specific laws governing dog bites in California and the local ordinances in Calabasas is essential for any victim seeking legal recourse. Benji Personal Injury Accident Attorneys provides legal counsel to individuals who have suffered injuries due to canine attacks.

California Strict Liability for Dog Bites

California Civil Code Section 3342 establishes that dog owners are strictly liable for damages suffered by any person bitten by their dog. This statute applies regardless of the dog's previous behavior. The owner is responsible even if the animal has never bitten anyone before and even if the owner had no prior knowledge of the dog's aggression. The "one-bite rule" common in other jurisdictions does not apply in California.

Strict liability applies under two specific conditions:

• The bite occurred in a public place.
• The bite occurred while the victim was lawfully on private property.

Being lawfully on private property includes situations where the victim is on the dog owner's property as an invited guest or in the performance of a legal duty, such as delivering mail.

Liability for Non-Bite Injuries

Civil Code 3342 specifically addresses bites. However, dogs can cause injury through other behaviors, such as jumping on a person, scratching them, or knocking them down. When an injury results from actions other than a bite, strict liability does not apply.

In these scenarios, the victim must pursue a claim based on general negligence. To succeed, the injured party must demonstrate that the dog owner failed to use reasonable care to prevent the injury. This involves proving that the owner's conduct was unreasonable and that it was foreseeable that the dog's actions could cause injury, not necessarily that the owner knew the dog had a vicious propensity. This might involve proving the owner failed to restrain an excitable dog or properly control an animal known to jump on people.

Furthermore, if a dog owner violates a local or state animal control law (such as a leash law) and that violation directly causes an injury, the legal doctrine of "negligence per se" may apply. Under negligence per se, the violation of the statute itself can create a presumption of negligence, simplifying the burden of proof for the injured party, provided the injury was of the type the law was designed to prevent.

Calabasas Leash Laws and Local Ordinances

Local regulations in Calabasas impose specific duties on dog owners regarding the control of their animals. The City of Calabasas adopts the Los Angeles County animal control ordinance (Title 10), but local municipal codes take precedence where conflicts exist.

The Calabasas Municipal Code, specifically Chapter 8.2, enforces the following regarding leashes:

• Dogs must be restrained on a leash no longer than six feet.
• The leash must be held continuously by a person capable of controlling the dog.
• This rule applies to all City of Calabasas property.

Similarly, Los Angeles County Code Title 10, Section 10.32.010 prohibits dogs from "running at large" and requires them to be restrained on a substantial leash not exceeding six feet in length while on public property or common areas of private property. A violation of these leash laws, if it contributes to an injury, can serve as strong evidence of negligence or even establish negligence per se in a non-bite injury case.

The only exception to the leash requirement is within designated City-provided off-leash dog parks. While the Calabasas Dog Park requires participants to agree to a liability waiver regarding the City, this waiver does not absolve the individual dog owner of liability for damages their dog causes to other people or pets.

Exceptions and Legal Defenses

While California law favors the victim in dog bite cases, specific defenses may limit or eliminate an owner's liability. Benji Personal Injury Accident Attorneys evaluates the circumstances of each case to determine if these defenses are applicable.

Trespassing

Strict liability protects those who are lawfully on a property. If a person is trespassing on private property at the time of the incident, the dog owner is generally not strictly liable for the bite. The law distinguishes between lawful visitors and those entering without permission or legal right.

Assumption of Risk (The Veterinarian's Rule)

Individuals who work with dogs professionally typically assume the risk of being bitten as part of their occupation. This defense, often called the "veterinarian's rule," generally bars veterinarians, kennel workers, and commercial groomers from suing a dog owner for bites sustained while treating or handling the animal.

Landlord and Keeper Liability

Determining the responsible party is a critical step in a dog bite claim. While the owner is strictly liable, other parties may share responsibility depending on the facts.

Landlords

A landlord is typically not liable for a tenant's dog. However, exceptions exist. A landlord may be held liable if they had actual knowledge of the dog's dangerous propensities and possessed the ability to remove the dog or prevent the harm (e.g., by maintaining control over the premises where the dog was kept) but failed to do so.

Keepers vs. Owners

California's strict liability statute applies specifically to owners. A "keeper" or "walker" who is not the owner may not be held strictly liable. To recover damages from a non-owner keeper, the victim must usually prove the keeper had knowledge (scienter) of the dog's vicious nature.

Statute of Limitations

The timeline for filing a legal claim is strict. In California, the statute of limitations for filing a personal injury lawsuit regarding a dog bite is generally two years from the date the injury occurred. Failure to file within this window typically results in the loss of the right to seek compensation.

Comparison of Legal Standards

The following table outlines the differences in proving liability based on the type of injury sustained.

Steps to Take Following an Incident

Immediate actions following a dog bite can influence the outcome of a legal claim. Victims should prioritize health and evidence preservation.

• Seek Medical Attention: Dog bites carry a high risk of infection. Professional medical documentation also serves as evidence of the severity of the injury.
• Identify the Dog and Owner: Obtain the name, address, and insurance information of the dog owner.
• Report to Animal Control: Filing a report with Los Angeles County Animal Care and Control or local Calabasas authorities creates an official record of the event.
• Document the Scene: Photographs of injuries, the location of the attack, and the dog (if safe to do so) are valuable.
• Gather Witness Information: Collect contact details from anyone who witnessed the incident.

Benji Personal Injury Accident Attorneys assists clients in Calabasas with the investigation and litigation of dog bite claims, ensuring that medical costs, lost wages, and pain and suffering are accurately calculated and pursued.