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Understanding the One Bite Rule
The One Bite Rule is a legal doctrine that essentially gives a dog one "free" bite before its owner can be held liable for any injuries caused. In other words, the first time a dog bites someone, the owner may not be held responsible if they had no prior knowledge of the dog's aggressive tendencies. This rule is based on the assumption that the owner could not have anticipated the dog's behavior. However, once a dog has bitten someone, the owner is put on notice about the potential danger and can be held liable for any subsequent incidents.
In California, the One Bite Rule is somewhat nuanced. While the state does recognize the concept, it also has strict liability laws that can hold dog owners accountable even if it is the dog's first offense. This dual approach means that dog owners must be particularly vigilant, as ignorance of their dog's behavior is not always a viable defense.
Legal Implications After Your Dog Bites Someone
The legal consequences for dog owners under the One Bite Rule can be severe. Once a dog has bitten someone, the owner is considered to have forewarning of the dog's potential for aggression. This means that if the dog bites again, the owner can be held liable for any injuries or damages caused.
In California, this liability can extend to medical expenses, lost wages, and even the victim's pain and suffering.
Moreover, California's strict liability laws mean that even if a dog has never shown any signs of aggression before, the owner can still be held responsible for a first-time bite. This strict liability is codified in California Civil Code Section 3342, which states that dog owners are liable for damages if their dog bites someone in a public place or lawfully in a private place, regardless of the dog's past behavior. This legal framework underscores the importance of responsible pet ownership and the need for dog owners to take proactive measures to prevent bites.
Exceptions to the One Bite Rule
While the One Bite Rule and strict liability laws are comprehensive, there are exceptions. For instance, if the victim was trespassing on the owner's property or provoking the dog, the owner might not be held liable. Additionally, if the dog was performing its duties as a police or military dog, the owner might also be exempt from liability.
Another exception is if the dog bite victim was a veterinarian or a veterinary assistant performing their duties. In such cases, the assumption is that these professionals are aware of the risks involved in handling animals.
Contact Our Skilled Attorneys at Rouda Feder Tietjen & McGuinn
Understanding your legal rights and options is crucial if you or someone you know has been affected by a dog bite in San Francisco, CA.
At Rouda Feder Tietjen & McGuinn, our experienced personal injury attorneys are dedicated to helping victims navigate the complexities of dog bite cases and secure the compensation they deserve. (415) 940-7176