Can California Landlords Be Liable for Dog Bites?

When you get bitten by a dog in California, it can bring about serious challenges to your health, finances, and relationships. Not only that, but it can also have significant emotional and psychological effects on you. And because most of these incidents happen at or near your home, your landlord could be involved in the process.

A big part of the support you’ll need in this situation is in the legal realm, and our team at The Law Offices of Matthew J. Quinlan will be there for you. Our experienced San Francisco dog bite lawyers have the experience and knowledge to guide you through the claims process. Contact us today for a free consultation.

Who’s Liable for a Dog Bite in California?

When there’s a dog bite in California, liability is straightforward: it falls on the owner of the dog. This, in legal language, is known as “strict liability.” Under Section 3342 of the California Legal Code, dog owners are liable for any injuries or damages that result from the bite. This differs from case to case, but typically involves:

Physical injuries – This comprises injuries from the actual bite, such as puncture wounds, lacerations, and tissue damage.
Emotional distress – You and other victims may experience psychological trauma, anxiety, and post-traumatic stress disorder (PTSD) as a result of the dog bite incident.
Medical expenses – The cost of medical treatment, including emergency care, wound care, surgeries, and rehabilitation, can be significant.
Lost wages – If you’re unable to work due to their injuries, they may be entitled to compensation for lost income.
Pain and suffering – Non-economic damages related to the physical and emotional pain, distress, and diminished quality of life caused by the dog bite.
Scarring and disfigurement – Severe bites can lead to lasting scars and disfigurement, requiring cosmetic procedures or surgeries.
Infections – Dog bites can introduce bacteria, leading to infections that require medical treatment.
Nerve damage – Injuries may damage nerves, resulting in numbness or loss of sensation in the affected area.
Property damage – If the dog damages someone else’s property during the attack, the owner may be responsible for repairs.
Wrongful death – In tragic cases where a dog bite leads to a fatality, the victim’s family may seek compensation for wrongful death.

Is My Landlord Liable?

Under the law, it’s usually the dog owner who’s responsible for these damages. The most straightforward way that your landlord could be liable is if they are also the dog owner. However, your landlord has even further duties when it comes to maintaining a safe environment for you and other tenants when it comes to a dog. So, if any of the following take place and lead to a bite, your landlord could potentially share some of the legal responsibility for the incident:

Foreseeability – If the landlord knows that a tenant’s dog on their property has a history of aggressive behavior or has bitten someone before, and they fail to take appropriate action, they could potentially share liability.
Negligent tenant selection – If the landlord failed to conduct a reasonable background check on a tenant and knowingly allowed a tenant with a dangerous dog to live on the property, they could be held liable for any resulting bite.
Common areas – If the dog bite occurs in a common area of a multi-unit rental property (e.g., a shared courtyard), the landlord may have some liability for maintaining safe common areas. This is often a complex legal issue.
Lease agreement – The terms of the lease agreement may also play a role. If the lease explicitly prohibits aggressive or dangerous dogs and the landlord fails to enforce it, they might have some liability.

In California, usually, dog owners are responsible for bites, not landlords. But if your landlord did something wrong, they might be partly responsible. If you’re bitten at a rental property and think the landlord might be at fault, it’s important to understand what you need to do next.

What Do You Need To Do After a Rental Property Dog Bite in California?

No matter where the dog bite happens, whether it be at your apartment or some other rental property, it’s important to take steps to take care of your health, your safety, and your legal rights:

Get medical help – Regardless of the severity of the dog bite, seek medical attention right away. Dog bites can lead to infections and other complications, so it’s crucial to have a doctor assess your injuries.
Identify the dog and owner – If possible, get the dog owner’s name and contact information. Also, try to gather the contact details of any witnesses to the incident. This information can be vital for establishing responsibility and seeking compensation.
Report the incident – Notify the local animal control authorities or the apartment management about the dog bite incident. They can help with locating the dog, assessing its history, and taking necessary actions to prevent future incidents.
Document the incident – Take photographs of your injuries and the location where the dog bite occurred. Additionally, write a detailed description of the incident, including the date, time, location, and the dog owner’s information.

In California, dog owners are legally responsible for their dogs’ actions. You can file a claim for damages if you’ve been bitten. While it can be complicated, our skilled dog bite lawyers can help you navigate the process and safeguard your rights. Following these steps is crucial for your well-being and to improve your chances of getting financial support for injuries and damages from the dog bite.

Legal Options After a California Dog Bite

When pursuing a dog bite claim in California, it’s crucial to understand the process. While they differ slightly from other types of accidents, a dog bite incident falls under the umbrella of a personal injury claim. As such, the process in these cases mirrors any other type of injury claim. Typically, your legal options include:

Filing an insurance claim – You’ll likely submit your claim to the dog owner’s homeowner’s or renter’s insurance. Provide detailed information about the incident, your injuries, and the damages you’ve incurred.
Negotiating a settlement – If the insurance company offers a settlement, our team will evaluate and negotiate for a fair settlement that encompasses all your damages.
Filing a personal injury lawsuit – If a settlement can’t be reached, filing a lawsuit against the dog owner is the next step to secure support for your injuries. Our team will file the lawsuit on your behalf then represent you in court.

It’s important to note that while the dog owner is primarily responsible for covering your injuries, a landlord or property owner may also share some liability. If they were negligent in allowing the dog bite to happen on its property, you may have the option to file an additional premises liability claim.

Damages Available

As with other injury claims, the ultimate goal of the legal process is to help you recover damages from the responsible parties. Usually, the following damages are available in a dog bite claim:

Medical expenses and ongoing care, such as therapy or rehabilitation.
Pain and suffering.
Emotional distress.
Lost income.
Property damage related to the incident.
Punitive damages if the owner or landlord displayed significant negligence.

The extent of the damages depends on the severity of your injuries. Keep in mind that, like other injury claims in California, dog bite cases have a statute of limitations–a two-year deadline to file a claim. Missing this deadline could result in a loss of your ability to pursue these all-important damages.

Experienced Dog Bite Lawyers Can Help You

If you or a family member has endured a dog bite at your California apartment or some other rental property, the Law Offices of Matthew J. Quinlan is here to help you and make the process easier. We’ll guide you on the steps to seek help from the dog’s owner or a landlord, offering legal advice and a clear plan. Contact us today for a free consultation.