A dog runs out of the bushes and attacks you while you jog through the neighborhood in the morning. If someone else’s pet attacks, a picnic in a community park turns into a trip to the emergency room.
When an unleashed dog runs at you or your child while you’re walking along a path, it can turn into a nightmare. Every week, these things happen in parks in Orange County.
People should be able to safely enjoy the outdoors in public parks. But the fact that there are dogs off-leash, crowded trails, and owners who think they can control their pets too well makes it easy for dogs to bite people. When this happens, victims often wonder if they can do anything about it, especially if it happened in a public place instead of on private property.
Yes, you can sue if a dog bites you in a public park in Orange County. The law about dog bites in California was made to cover attacks that happen in public places. This is what you need to know about your rights.
California Law Protects Dog Bite Victims in Public Places
California Civil Code Section 3342 establishes what is known as strict liability for dog owners. The statute provides that the owner of any dog is liable for damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.
This language is directly relevant to park attacks. Public parks, trails, sidewalks, playgrounds, and other outdoor recreational spaces all qualify as “public places” under the statute. When a dog bites you in one of these locations, you do not need to prove that the owner was negligent. You do not need to show that the dog had ever bitten anyone before. You do not need to establish that the owner knew the dog was aggressive.
California’s strict liability approach differs from the “one bite rule” followed by some other states, which requires victims to prove the dog had a known history of aggression before the owner can be held responsible. Under California law, there is no free bite. Dog owners are liable for the harm their animals cause from the very first incident.
To pursue a claim under Section 3342, you need only establish three things:
- The defendant owned the dog,
- The dog bit you, and
- You were in a public place or lawfully on private property when the bite occurred. A community park, municipal trail, or public recreation area satisfies the location requirement.
Orange County Leash Laws Add Another Layer of Protection
Along with California’s strict liability law, Orange County’s leash laws help people who are bitten by dogs in public parks even more.
According to Orange County Codified Ordinance 4-1-45, no one who owns or is responsible for a dog may let that dog be on public property unless it is on a strong chain or leash that is no longer than six feet long and is being watched by someone who knows how to care for, control, and care for the dog.
This law applies to all of Orange County that isn’t part of a city, and most OC cities have similar rules. Costa Mesa, Huntington Beach, Fullerton, and other cities have leash laws that say dogs must be kept on a leash in public places.
The only time dogs can be off-leash is in fenced-in dog parks that are set aside for that purpose. Dogs must always be on a leash when they are on public property, except in those specific areas.
When a dog owner violates the leash law and their dog bites someone, the violation can constitute negligence per se. This legal doctrine means the owner’s failure to comply with the safety ordinance is treated as conclusive evidence of negligence, further strengthening the victim’s claim.
The case Brotemarkle v. Snyder (1950) established this principle in California. In that instance, the owner’s breach of a local leash law was considered negligence per se when his unrestrained dog collided with a scooter rider, resulting in injuries.
What Happens at Off-Leash Dog Parks
Orange County has a lot of fenced-in dog parks where owners can let their dogs run free. Some of the most popular places are Central Bark in Irvine, Costa Mesa Bark Park, Huntington Beach Central Park Dog Park, Fullerton Pooch Park, Yorba Dog Park in Orange, and many others.
When a bite happens in one of these designated areas, the legal analysis gets a little more complicated. Some defendants attempt to argue that visitors to off-leash dog parks have assumed the risk of being bitten by entering an environment where dogs run free.
But California’s strict liability law doesn’t have an exception for dog parks. A dog park without a leash is still a public place, and the law holds dog owners responsible for bites that happen there. Even though the dog was legally off-leash, the owner is still responsible for the damage their pet does.
California courts have recognized that assumption of risk applies in very limited circumstances, primarily to professionals who work with animals as part of their occupation, such as veterinarians, groomers, and kennel workers. The doctrine has not been broadly extended to ordinary park visitors who happen to be in the vicinity of other people’s dogs.
If you are bitten at an off-leash dog park, the dog’s owner remains liable under Section 3342. The only things you need to prove are which dog bit you, who owned that dog, and whether any defenses, like provocation, might apply.
Common Park Scenarios Where Liability Applies
There are many different situations in which dogs bite people in public parks, and the owner is always responsible.
The most clear case is when an unleashed dog runs through a park and attacks a jogger, cyclist, or pedestrian. The owner broke the leash law, and the victim was legally allowed to be in a public place. The claim is backed by both the strict liability law and the idea of negligence per se.
A leashed dog that lunges at and bites someone walking by is also covered. Some dog owners think that keeping their dog on a leash makes them not responsible, but California law says they are responsible no matter what. If the bite happened in a public place, Section 3342 applies.
The law clearly says that a dog that gets away from its owner and attacks someone is breaking the law. The owner’s inability to control the animal does not absolve them of liability. If anything, it might make the negligence claim stronger on top of the strict liability claim.
California law protects a child who is bitten by a dog while playing at a playground, even if the child went up to the dog. Children under five can’t be held legally responsible for negligence or provocation, and older kids are held to a lower standard that takes into account their age, lack of experience, and natural curiosity about animals.
Defenses Dog Owners May Attempt
California law is very favorable to dog bite victims, but owners can use certain defenses to lower or get rid of their liability.
The most common defense is provocation. If the victim kicked, hit, teased, or otherwise bothered the dog before it bit them, the owner may say that the victim asked for the attack. But California courts have not been very broad in how they interpret provocation. Simple things that might scare or annoy a dog don’t count as legal provocation. The victim’s actions must be deliberate and commensurate with the dog’s reaction.
Comparative negligence lets juries decide who was at fault and how much. If the victim’s actions played a role in the incident, their recovery may be lessened by the amount of fault they bear. California has a pure comparative negligence system, which means that victims can get money even if they were partly to blame, but the amount they get will be less.
Section 3342 says that trespassing is a defense, but it doesn’t usually apply to bites in public parks. By definition, parks are open to everyone. A victim walking through a park is not breaking the law. The trespassing defense would only work if the victim went into a place that was off-limits or closed.
People sometimes talk about “assumption of risk” in dog park cases, but as we said before, it doesn’t apply to many other situations.
Damages Available for Park Dog Bite Victims
In California, people who are bitten by a dog can get money for all the damages the attack caused.
Medical costs for emergency room visits, surgery, wound care, antibiotics, rabies shots, physical therapy, and any other medical care the injury needs in the future are all examples of economic damages. They also include lost wages from time off work while recovering and less money they can make if the injury causes permanent damage.
Non-economic damages make up for harm that can’t be easily measured in dollars, like physical pain and suffering during the attack and the healing process, emotional trauma and distress, permanent scarring and disfigurement, fear of dogs that may last for years, and a lower quality of life.
Punitive damages may be available to punish bad behavior and stop it from happening again in cases where the owner knew their dog was dangerous and let it attack anyway.
Most of the time, the owner’s homeowners or renters insurance will pay for dog bite claims. Most of the time, these policies cover liability for amounts between $100,000 and $300,000 or more. A skilled lawyer can look into the coverage options and fight for the full value of your claim.
The Two-Year Deadline to File Your Claim
California Code of Civil Procedure Section 335.1 says that people who get hurt, including dog bite victims, have two years to file a claim. The clock starts ticking on the day of the bite. If you don’t file a lawsuit within two years, you will almost certainly lose the right to get money.
The statute of limitations doesn’t start to run for minor victims until they turn eighteen. A child who is bitten can file a lawsuit until their twentieth birthday.
Claims against government entities, like bites that happen in county or city parks, have a much shorter deadline. According to California Government Code Section 911.2, victims must file an administrative claim with the right government agency within six months of the event.
If you miss this deadline, you may not be able to recover from the government entity, but you can still make a claim against the dog owner.
Families should not wait to get legal help after a dog bite because evidence can quickly become less reliable, witnesses may forget details, and the dog may be given to a new home.
Steps to Take After a Dog Bite in an OC Park
If a dog bites you or a family member in a public park, follow these steps to protect your health and your legal rights.
Get medical help right away. Dog bites are very likely to get infected, and some injuries that seem small can turn into big problems. Emergency room care makes sure that wounds are treated correctly, antibiotics are given if needed, and the injuries are recorded.
Find out who the dog and its owner are. If you can, get the owner’s name, address, phone number, and insurance information. Ask if the dog has had its rabies shots recently. If witnesses saw the attack, get their contact information too.
Tell Orange County Animal Care about the bite. Reporting is required by law and starts a 10-day quarantine period during which the dog cannot be rabid.
Write everything down. Take pictures of your injuries right away and as they heal. Take pictures of the place where the attack happened. Write down the dog’s breed, size, color, and any other things that make it stand out.
Without legal help, don’t talk to the dog owner’s insurance company. Insurance adjusters try to pay out as little as possible, and saying things without knowing what they mean can hurt your claim.
Get in touch with a lawyer who has worked on dog bite cases before. California’s strict liability law protects victims very well, but you still need a good lawyer to help you with insurance claims, find all the people who are responsible, and prove the full extent of your damages.
The Injury Firm Is Ready to Help
A day at the park should not end in the emergency room. When a dog owner’s failure to control their pet causes you or your family harm, California law provides clear recourse.
The Injury Firm represents dog bite victims throughout Orange County, from the trails of Irvine’s Central Bark to the beaches of Huntington Beach, and in communities throughout Los Angeles, San Diego, and Riverside counties.
Call (949) 575-8875 for a free consultation. You pay nothing unless we recover compensation on your behalf.
You have every right to enjoy Orange County’s parks without fear of attack. When a dog owner puts you at risk, let someone fight for the accountability you deserve.
DISCLAIMER:
This information is for educational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. For personalized legal guidance about your personal injury case, contact The Injury Firm for a free consultation.
