There are some cases when a dog’s owner may be both criminally and civilly liable for what their animal does. The dog’s owner needs to worry about their own legal situation because it can give them a criminal record and leave them owing a lot of money.
If you suffered injuries due to a dog bite in the Bay Area, seek help from a dog bite attorney immediately.
There Is a Different Standard in a Criminal Case
In California, civil and criminal liability for dog bites are different things. In a civil case, California uses the rule of strict liability. If the dog bites someone who was lawfully on a certain property, the owner will be civilly liable in a lawsuit unless certain limited exceptions apply. It does not matter whether the dog’s owner was negligent. The mere fact that the incident occurred is enough for the owner to be liable.
In a criminal case, there is a higher standard required to convict someone of a dog bite offense. The prosecutor would need to present evidence proving each of the crime’s elements. Although the prosecutor does not need to prove any intent, they do need to show some knowledge on the dog owner’s part.
Criminal liability would depend on factors like a dog’s breed and past behavior. If a dog from a relatively benign species were to bite someone, the owner could not be charged.
In addition, the dog’s owner can be charged with any sort of attack. Dog bites count as an attack. The owner could be criminally charged if the dog jumps on a person, even without biting them. People other than the dog’s owner could face charges. For example, a family member or someone hired to walk the dog could also be criminally charged under California law.
What Must Happen for the Dog’s Owner to Be Convicted
Here are the individual elements that a prosecutor must meet in order to win a conviction:
- A dog attacked a person when they were in the custody of the owner or someone else
- The dog owner was aware of the dog’s aggressive nature (the dog would need to have been involved in two aggressive incidents in a 36-month period)
- The dog attack victim was not trespassing on the dog owner’s property
- The dog attack victim was either injured or killed
- The dog was from a breed that has been designated by the local authority as being dangerous, and the owner failed to follow the regulations related to keeping a dangerous animal.
The dog’s owner could be charged with a misdemeanor or even a felony (if someone died in the dog bite attack). You may recognize one of the elements on this list. The second element is equivalent to the “one free bite” rule that is used in many states.
There Are Many Instances in Which a Dog’s Owner Must Take Extra Care
If the dog has previously attacked someone or it showed aggressive tendencies, the owner must use some extra degree of caution to keep the dog from attacking someone else. For example, they may consider using a muzzle on the dog when they are out in public. Certainly, they should follow local leash ordinances.
The dog’s owner may even have an obligation to protect against attacks when they are on their own property. Delivery persons are not considered to be trespassers on someone else’s land. If the dog owner has a dangerous pitbull, they may not be allowed to roam freely on the dog owner’s property. If the dog’s owner gets an Amazon delivery, and the delivery person is attacked when leaving the package on the doorstep, the owner could be charged.
In every dog attack criminal case, the facts matter. The prosecutor would need to prove some type of knowledge on the owner’s part, which would involve some testimony or evidence of what the animal may have done in the past.
Not Being Convicted Does Not Mean that the Dog’s Owner Is Off the Hook
If the dog’s owner was tried and acquitted of the criminal offense, it would not have a bearing on your civil case. There are two separate standards for a civil and criminal case. In a criminal case, the prosecutor must prove the charges beyond a reasonable doubt. This standard equates to 100% certainty on the part of the judge and jury.
In a civil case, there is a lower burden of proof. You would need to prove your case by a preponderance of the evidence. This standard means that it is more likely than not that your facts are accurate. Numerically, this standard would be represented by 51%. Thus, it is possible for the dog’s owner not to be convicted, and you could still receive financial compensation.
Compensation for a Dog Bite Injury
If you are successfully able to prove your civil case, you are legally entitled to receive full damages for your injuries. Dog bite injuries can be serious. Your case could provide significant financial support following an injury to you or your child. Young children are often the victims of dog attacks, and they may suffer more serious injuries than the average person.
Your dog bite injury damages can include the following:
- The cost of your medical care (including any necessary reconstructive surgery)
- Lost wages for any time missed from work
- Pain and suffering
- Permanent scarring and disfigurement
- Emotional distress (including PTSD from the attack)
You Will Be Dealing with the Dog Owner’s Homeowners’ Insurance Policy
The dog owner’s homeowners insurance policy may not want to cover the full damages. You would need to negotiate your compensation with them. If you cannot reach a settlement, you can sue the dog’s owner in court.
Contact a San Francisco Dog Bite Injury Lawyer Today
The attorneys at the Cartwright Law Firm fight for the rights of injured dog bite victims. We will stand up for you to the owner’s insurance company when they want to underpay your claim or even try to blame you for the attack. You can speak to one of our attorneys in a free initial consultation. Call us today at (415) 851-6486 or send us a message online to begin the legal process.
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