Dog Bites Another Dog

Does the protection of California’s dog bite legislation extend to dogs that are attacked?

California law allows people who have dogs that are attacked by other dogs, to sue the liable dog owners for damage. California’s dog bite status, Civil Code 3342, however, is not applicable in such a case, as these damages would fall under property considerations.

California’s Civil Code 3342 does not offer protection to dogs that are attacked and injured by other dogs. The reason for this is that this civil code is intended to exclusively offer protection to humans bit by dogs.

Under California legislation, dogs are categorized as personal property and possessions. Subsequently, if a dog injures or attacks another dog, the dog owner victim is eligible to bring forth a property damage lawsuit also commonly referred to as “trespass to chattels”

Under what considerations is a dog owner held liable for its dog attacking and biting another dog?

According to California law, liability is assessed and occurs at the time in which a defendant damages the dog owner’s property, in this case identified as the plaintiff’s dog, as a result of the defendant dog owner’s negligence. The defendant dog owner cannot be held legally liable unless the following conditions are met:

• The defendant has previous notification of the dog’s history of aggressive behavior
• The defendant dog owner acted in line with “negligence per se” because he or she proceeded to violate a local ordinance, for example “leash law,” designed to protect the public health and safety of humans

What compensatory damages are eligible for recovery in the case of a dog biting another dog?

In California, damages that are able to be recovered in the case of a dog biting another dog including the greater of following list:

• The reduction of an injured animal’s market value, which translates to its value before and after the dog attack transpired
• The reasonable and necessary costs associated with the dog attack including the injured dog’s veterinarian bills, medical, pharmaceutical and boarding costs.

Furthermore, it may also be possible to recover compensatory damages in the case of a reckless or intentional dog on dog attack. In this case, a plaintiff may be eligible to recover the following:

• Damages associated with the purposeful infliction of emotional or psychological distress
• Punitive damages related to a defendant’s negligence

The article below offers an in depth explanation of the legal rights of dog owners who have had their dogs attacked or injured by other dogs.

1. Does California’s dog bite law protect other dogs from injury?
2. Is a California dog owner able to recover compensation for the loss of the injured dog’s market value?
3. Is the dog owner able to recover compensation for the medical bills related to the attack on his or her dog?
4. Am I able to recover compensatory damages for intentional infliction of emotional and psychological distress?

1. Does California’s dog bite law offer protection for dogs that have been injured by other dogs?

No. California Civil Code 3342, dog bite legislation does not extend protection to dogs that are harmed by other dogs at the time of an attack. The state of California considers dogs under the purview of personal property or possessions. Subsequently, a dog owner is eligible bring forth a suit under the property damage theory of liability. The property, or dog in the case, must be interfered with intentionally in accordance with property damage legal statues. This means that the owner of the dog that is injured must prove that the other dog owner had a prior history of knowledge of his or her dog’s aggressive tendencies and vicious behavior.

Consider the following fictitious scenario: Mark takes his dog Blue to the park with interact and play with other dogs. Blue is reactive towards other dogs, lunging towards them and growling. Mark now is considered to have knowledge of his dog’s aggressive behavior.

Since Mark visible sees Blue active aggressively towards the other dogs in the park, Mark can now be held legally responsible is his dog proceed to attack another dog or animal. However, if Blue has never demonstrated a history of aggression prior to the first incident, Mark will not be held liable for any property damages because he would have never had notice of his dog’s aggression.

2. Is a California dog owner able to recover compensation for the loss of the injured dog’s market value?

Yes. The owner of a dog that is injured by another dog in an attack can absolutely see the reduction of his injured animal’s market value as potential for compensatory damages. The reduction in the injured dog’s market value is defined as the difference between the dog’s property and market value prior to and after the injury or attack transpired.

Consider the following fictitious scenario: Melissa very expensive pure-bred poodle is valued at $3,000.00. Melissa took her poodle to the park where she was viciously attacked by another dog. The poodle survived the attack but now has a market value of $600.00.

Melissa would be entitled to recover $2,400.00 in property damages as a result of the dog bite attack, which is the difference in the poodle’s value before ($3,000.00) the attack and after ($600.00).

3. Is the dog owner able to recover compensation for the medical bills related to the attack on his or her dog?

Yes. The dog owner of a dog that is injured by another dog is capable of recovering the required and reasonably assessed damages that are incurred from the dog’s medical treatment following the attack. These damages include all related medical, boarding, and pharmaceutical costs.

Consider the following fictitious scenario: Mark’s dog Bruno was attacked by another dog. As a result of the attack, Bruno sustained over $2,000.00 in veterinarian bills, $400.00 in medication, and $200.00 in boarding costs as a result of the attack.

In this case, Mark would be entitled to $2,600.00 in damages for the reasonable medical costs required to heal and mitigate Bruno’s injuries from the attack, which also included boarding costs and medications.

4. Am I able to recover compensatory damages for intentional infliction of emotional and psychological distress?

It is within the realm of possible for a dog owner victim to recover damages for the intentional infliction of emotional or psychological distress as a result of the dog on dog attack.

In order to recover the damages associated with the intentional infliction of emotional or psychological distress, it is critical that the plaintiff demonstrate the following:

• The defendant dog owner was purposefully expressing outrageous and inappropriate conduct intended to reckless promote harm and psychological or emotional distress aimed at the owner of the injured dog
• The owner of the dog injured suffered extreme emotional or psychological distress as result of the attack on his or her dog
• The main cause of this emotional distress was the responsible dog owner’s over-the-top or extreme behavioral conduct

While there is no direct ruling that oversees whether intentional infliction of emotional & or psychological distress damages are available to an owner whose dog has been attacked by another dog, California legislation do often offer economic relief to affected animal owners, whose pets have been gravely injured by other animals.

Consequently, it is within the realm of possibility for the dog owner of an injured dog to recover compensation in this case, as long as he or she can prove that the defendant dog owner was acting in a manner that was extreme, which resulted in the suffering dog’s injuries.