Setareh Law
June 24, 2025
Dog sitters are champions among men. Whether a family is going out of town or needs help contending with a dog during working hours, dog sitters step in and make sure that a dog is well taken care of. That said, no dog sitter is perfect. A dog sitter, unaware of a dog’s violent or mischievous behavior, can bear witness to dog bites that compromise your well-being.
When a dog is in the care of a dog sitter, who is responsible for the dog in case of an accident? This responsibility can extend to a family member or friend providing informal care. You need to know who to hold liable for your accident if you want to request compensation for your losses in civil court. You may also need to file a claim for compensation with the relevant insurance company. Fortunately, you can work with a dog bite attorney to understand how local laws impact your case.
Introduction to Dog Bite Liability
Dog bites can be a serious and traumatic experience, resulting in significant physical and emotional harm to the victim. In California, dog owners are held strictly liable for injuries caused by their dogs, regardless of whether the dog has a history of aggression or not. This means that if a dog bites someone, the owner can be held responsible for the damages, including medical bills, lost wages, and pain and suffering. It is essential for dog owners to understand their liability and take necessary precautions to prevent dog bites. If you or a loved one has been bitten by a dog, it is crucial to seek medical attention immediately and consult with an experienced dog bite attorney to determine the best course of action.
Dog Bite Laws in California
California Civil Code 3342 states that any dog bite accident that occurs in a public place or on private property where a victim may rightfully abide by strict liability. This means that the victim of a dog bite accident has the right to hold a dog’s owner accountable for that dog’s behavior, regardless of whether or not the dog has displayed aggressive behavior in the past.
California is a strict liability state for dog bites, meaning the dog owner may be held automatically liable for injuries caused by their dog, regardless of the dog’s previous behavior or the owner’s knowledge of its temperament.
However, there are exceptions to this dog bite rule that impact how liability may be assigned should a dog sitter be in the picture. Specifically, strict liability does not apply to dog bite accident cases when it is not the dog’s owner who is being sued for the dog’s misconduct.
This means that dog bite victims don’t benefit from strict liability when taking up a lawsuit against a dog sitter, even if the situation specifically allows them to do so. Similarly, if a dog bite victim antagonized the dog in question or accepted liability for their losses, they don’t benefit from strict liability.
Dog Attack and Injury
A dog attack can be a devastating experience, leaving the victim with severe injuries, including lacerations, puncture wounds, and broken bones. In some cases, dog bites can also lead to infections, such as rabies, and even death. According to the Centers for Disease Control and Prevention (CDC), approximately 4.5 million dog bites occur each year in the United States, resulting in around 20-30 fatalities. Dog bite injuries can be prevented by taking necessary precautions, such as spaying or neutering your dog, providing proper training and socialization, and keeping your dog on a leash in public. If you have been attacked by a dog, it is essential to seek medical attention immediately and report the incident to the authorities.
Understanding a Dog Sitter’s Role in a Dog Bite Accident
A dog sitter is a person who does not own the dog involved in a dog bite accident. As such, victims of dog bite accidents do not benefit from strict liability when considering who to hold responsible for their dog bite accidents.
While you can then hold a dog sitter responsible for your dog bite accident, you must work with a representative to prove negligence in your accident. The negligent party, in this case, could be the dog sitter if their actions directly led to the incident. Even then, the fault for your dog bite injury may revert to the dog’s owner. This distribution of fault depends entirely on the professional relationship, if there is one, between the dog sitter and the dog’s owner.
Dog sitters must take reasonable steps to prevent dog bites, such as using a muzzle on a potentially dangerous dog, to avoid being considered negligent.
Dog Sitters, Kennels, and Corporate Responsibility
Dog bite accident liability further changes when the dog sitter in question works for a kennel or similar corporation. In these cases, a dog bite injury may be the fault of the kennel or the corporately employed dog sitter, who can be held accountable for the incident. You can work with a dog bite injury attorney to determine how you may distribute fault in the circumstances.
In California’s strict liability framework, owners are automatically liable for the damages caused by their dogs, regardless of the dog’s previous behavior or the owner’s knowledge of its viciousness. This legal obligation extends to kennels and corporations, which may face claims for injuries sustained due to dog bites.
If it appears that a kennel or similar corporate institution may be liable for your dog bite injury losses, said party may offer you a settlement before you have the opportunity to go to court.
Always calculate the value of your dog bite injury case before you consider accepting a settlement offer. These corporations may attempt to undervalue your case and prevent you from future legal action.
Prevention and Protection
Preventing dog bites requires a combination of responsible dog ownership, proper training, and awareness of potential risks. Dog owners can take several steps to prevent dog bites, including providing regular exercise and mental stimulation, training their dog to obey basic commands, and keeping their dog on a leash in public. Additionally, dog owners should be aware of their dog’s body language and behavior, and take steps to prevent interactions between their dog and people who may be at risk of being bitten. Professional pet sitters and dog walkers can also play a crucial role in preventing dog bites by taking necessary precautions, such as screening dogs for aggressive behavior and providing proper supervision during walks. By taking these steps, we can reduce the risk of dog bites and create a safer community for everyone.
Filing a Case After a Dog Bite Injury
No matter who you want to take to court over a dog bite injury, you have a limited amount of time in which you may file your complaint. According to California Code of Civil Procedure Section 335.1, victims of dog bite injuries and other personal injuries have two years to file their cases. Trying to file a dog bite case outside of this deadline may see your right to compensation waived.
There is a chance, however, that limited liability may impact your right to hold a liable kennel responsible for your dog bite losses. If you are struggling to bring the appropriate party to civil court, you may need to file a personal injury lawsuit against the owner’s insurance company if coverage is inadequate or not available. Ask a personal injury attorney to weigh in on your circumstances. Professional representation may make it easier for you to pursue the compensation you need to recover.
Many legal teams offer a free consultation to discuss your case and explore your legal options without any obligation.
Hold the Right Party Accountable for Your Dog Bite Accident
No one wants to imagine that a dog might hurt them. If you interact with a dog in the care of a dog sitter who behaves violently or mischievously though, you can walk away from the encounter with a serious injury. Understanding how to assign liability in these situations can be tricky, but our dog bite attorneys at Setareh Law can help. It is important to consider the dog owner’s legal responsibilities and potential liabilities, including the steps that must be taken in the event of a dog bite incident.
In some cases, compensation may be sought not only from the dog owner directly but also from the homeowner’s insurance that covers the dog owner, particularly if the owner does not have specific dog bite insurance.
You can discuss your right to a dog bite accident case with one of our personal injury attorneys that also speaks Spanish. Call us at (310) 659-1826 or use our online contact form to schedule your case consultation today.
