What happens when a dog bites another dog?

Who is at fault when one dog bites another dog?

A very common scenario to occur when someone is walking their dog is that their dog attacks or bites another dog or is attacked or bitten by another dog while the owner tries to break the two dogs apart. Invariably, the question that arises is whether the owner of the attacking dog will be liable for the injuries sustained to the other dog.  Under California law, the owner of a dog that attacks another dog will be responsible for all damages stemming from that attack if there are no applicable defenses successfully argued by the at-fault-dog’s owner. If the damages encompass medical bills related to treat the injured dog (e.g., X-rays, medications, stitching, casts, etc.), the owner of the at-fault dog will be responsible for those bills. Typically, the owner of the attacking dog will have the claim paid by his/her homeowner’s insurance policy which is in place to cover damages stemming from such a situation. Homeowner’s coverage often times provides coverage even if the dog attacked another dog at some place other than the at-fault-dog owner’s residence.

All homeowner’s insurance policies are different so you will need to review the policy accordingly. A related question often asked is whether the innocent dog owner can pursue damages for his or her emotional distress in witnessing their dog being bitten or attacked. Since California law classifies dogs or other pets as property, the owner would not have a viable claim for emotional distress for injury to their property (although case law has indicated a willingness to entertain such a claim when a dog is killed or injured when, for example, a veterinarian mistakenly euthanizes it, when it was actually brought in for a simple eye infection). The at-fault dog owner should always determine whether the expenses presented to him or her for injuries resulting from the dog bite or attack are in fact reasonable. While an owner is responsible for the damages caused by the dog attack or dog bite, the damages sought by the innocent party must be reasonable and proximate result of the dog attack or dog bite. Lastly, the owner cannot pursue damages for the emotional distress suffered by their dog