Q: Dog bite damages
A small claims judge awarded a plaintiff damages of $1500 for a dog bite, even though she, 1) did not provide any documentation of her injury or evidence of actual medical costs, 2) could not prove psychological damages, 3) could not prove lost wages. Why would he make this decision? Is it at his discretion?
A: The dog's owner may be liable for the damages, but the judge's order must be based on some evidence. Judge's cannot enter orders like you describe without the support of admitted evidence. It's a small amount anyway, but it needs to be based on the facts that were entered at the time of the trial and the admitted evidence.
A: In general, a dog owner is "strictly liable" if their pet bites another person pursuant to California Civil Code 3342 (i.e. one need not prove that the dog had shown any prior propensity to bite someone). However, you are correct that "damages" must be proven. Such damages are not limited to so called "economic" or out of pocket costs like medical expenses or lost wages, CA law also provides for the award of "non-economic damages" for emotional distress caused by the incident as well. You may appeal the decision to the Superior Court, however, it would likely stand up as within the "discretion" of the judge (as you state).
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