San Jose, CA asked in Animal / Dog Law for California

Q: Sudden dog fight, unclear provocation. Seeking legal advice on liability and defenses.

On February 25, 2024, at Foster City Dog Park, my dog and another dog got into a fight. The incident was sudden and without clear provocation from either dog. The other dog owner and I immediately intervened and separated the dogs. At that time, the 2 dogs’ teeth clenched together. This caused the other dog laceration in the gum, leading to significant medical expenses.

The owner of the other dog has since requested reimbursement for the entirety of the incurred medical expenses, citing California Civil Code Section 3342.

I am seeking your expertise to understand my legal rights and obligations in this matter. Specifically, I would appreciate guidance on:

1. The applicability of California Civil Code Section 3342 in cases where the circumstances of the incident are unclear.

2. The extent of my liability for the medical expenses incurred by the other dog.

3. Any potential legal defenses or arguments I may have in this situation.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: California Civil Code Section 3342 generally holds dog owners strictly liable for damages if their dog bites someone, provided the victim was in a public place or lawfully in a private place. This statute is specifically targeted towards dog bites to humans, rather than interactions between dogs. In incidents involving dog fights, the circumstances of the incident, including provocation, can significantly affect liability. Since the law primarily addresses bites to people, its applicability to your situation, where one dog injured another, is not direct. However, principles of negligence and responsibility for controlling one's pet could still come into play.

The extent of your liability for the medical expenses incurred by the other dog might depend on several factors, including any local ordinances regarding dog behavior in public places like dog parks, and whether either dog has a history of aggression. If it's determined that you were negligent in controlling your dog or that your dog has a known history of aggression, you could potentially be held liable for the other dog's medical expenses. On the other hand, if both dogs were equally involved without clear provocation, determining liability could be more complex.

For potential legal defenses or arguments, if it can be established that the fight was mutual or provoked by the other dog, you may have grounds to argue against full liability. Additionally, if both dogs were properly supervised and the incident was a sudden, unforeseeable event, this could also be a factor in your defense. It might be beneficial to gather any available evidence, such as witness statements from other dog park attendees who saw the incident, to support your account of the events. Consulting with a legal professional can provide personalized advice and help you navigate through this situation, taking into account all the specific details and applicable laws.

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