“It takes communication, compassion and negotiation to get results, not a bulldog in the courtroom. Nice guys don’t always finish last.”

– Scott Blumen

What if I was partially responsible for the dog bite? 

On Behalf of | Oct 17, 2024 | Dog Bites

Sometimes, you may have provoked a dog attack, whether intentionally or unintentionally. For example, you might have been teasing the dog, entering the owner’s property without permission or ignoring the warning signs.  

California follows a “strict liability” rule for dog bite cases. Under California Civil Code Section 3342, the dog owner is liable, regardless of whether the dog has shown aggressive behavior before. While California’s strict liability law holds the dog owner accountable, your compensation could be affected if your actions played a role in the attack.  

How strict liability works in California dog bite cases 

Even if you were partly responsible for provoking the dog, the law does not remove the owner’s liability. However, your actions could lead to a reduction in the damages awarded. 

For example, if the court finds that you were 25% responsible for inciting the dog, and the dog owner was 75% responsible for failing to control their pet, your compensation would be reduced by 25%. This concept, known as “comparative negligence,” intersects with strict liability in these cases. 

Under California’s comparative negligence law, if both parties share responsibility for the incident, the court will assess the degree of fault for each side. 

It’s important to document the circumstances of the incident and gather evidence showing that the dog owner still bears responsibility. For instance: 

  • If the dog had a history of aggressive behavior, it strengthens the argument for the owner’s liability. 
  • If the owner violated local leash laws, it further establishes their negligence. 

Taking these steps and seeking legal guidance can help you secure the compensation you deserve, even if you were partly at fault. By fully exploring your options, you can still secure compensation for your injuries and related losses, helping you move forward after the attack.