Q: What are the laws around accidental gate opened and dog getting loose. No attacks, but there was injury?

A: Under California law, liability in situations involving pets and injuries can be complex. In your case, if your dog escaped through an unintentionally open gate and approached another person and their dog, resulting in injury to the person, there are several factors to consider. Liability typically depends on whether your dog's actions were foreseeable and if reasonable precautions were taken to prevent such incidents.

Since your dog did not bite or physically attack the person, but merely approached in a friendly manner, the situation may lean towards a lower level of liability compared to cases involving actual aggression. However, if the person sustained injury while trying to prevent your dog from approaching or in the process of avoiding your dog, they may argue negligence on your part for not controlling your pet.

It's important to assess whether the injured person's reaction was reasonable under the circumstances. If they exaggerated their injuries or did not seek immediate medical attention despite appearing fine later, this could affect their claim for damages. Nevertheless, California law generally holds pet owners responsible for ensuring their animals do not cause harm to others, even if no biting or aggressive behavior occurs.

To protect your rights, it's advisable to gather any evidence such as witness statements, photos of the gate and surrounding area, and documentation of the incident. Contacting your homeowner's insurance provider to discuss coverage for liability related to pet incidents is also recommended. Seeking legal advice specific to your situation can provide clarity on your potential liability and the best course of action moving forward.