I got bitten by a cat in California. Can I file a lawsuit?

1. knows the cat is dangerous or aggressive, and
2. fails to restrain the cat or provide adequate notice of its dangerous tendencies.

Compensatory damages for cat bite lawsuits in California can include:

• Medical bills,
• Lost wages,
• Scarring, and
• Pain and suffering. ¹

To help you better understand damages in cat bite lawsuits, our California personal injury lawyers discuss:

• 1. Does California have a “one-bite” rule for cats?
• 2. Strict liability
• 3. Proving a cat was dangerous
• 4. Negligence per se
• 5. Damages
• 6. Punitive damages
• 7. Lawsuits by veterinarians or groomers
• 8. Do I have to report a cat bite?
• 9. Why are cat bites so dangerous?
• 10. What should I do if a cat bites me?

California follows the “one-bite rule” unlike with dog bite lawsuits.

1. Does California have a “one-bite” rule for cats?

California has a “one-bite” rule for cats, although it does not have a similar rule for dogs. A cat gets one “free” unprovoked bite or attack before an owner can be held liable.

This is because cats are considered naturally roaming animals that are not dangerous when unprovoked. While cat experts recommend keeping cats indoors, California has no legal “duty of care” to do so.² Nor is there a duty to restrain a cat if it has never bitten or attacked anyone when unprovoked.

Once the owner knows that the cat is vicious or prone to hurting people willfully, that animal is considered to have “mischievous” or “dangerous propensities.”³ An owner of a mischievous animal or one with dangerous propensities becomes “strictly liable” for damages caused when the animal injures you.

2. Strict liability

California’s “strict liability” law makes pet owners responsible for unprovoked injuries caused by an animal with dangerous propensities. It does not matter how carefully the owner guards or restrains the animal.⁴

So once a cat’s owner knows (or should have known) that a cat is dangerous, the owner has an absolute “duty of care” in California to prevent it from harming you.

3. Proving a cat was dangerous

Proving a cat has bitten before is not always easy. Ways you might prove a cat is dangerous can include (but are not limited to):

• A letter or email you wrote to the cat’s owner about a previous attack; or
• Testimony of neighbors.

Furthermore, many municipal ordinances require physicians to report cat bites to the local public health agency.⁵ If a report is on file, it will be strong evidence that the cat was dangerous.

The owner may also be liable under California’s “negligence per se” law if they violated one or more local animal control regulations.

4. Negligence per se

To recover damages in a civil lawsuit, you must prove that the defendant was negligent under California law.⁶ Because of California’s “one-bite” rule for cat bites, however, an owner is normally not negligent the first time a cat bites someone.

However, under California’s “negligence per se” law, a defendant is presumed to be negligent if:

• The defendant violates a law or ordinance designed to prevent injury, and
• As a result, you are injured.⁷

Example:

Rabies is a virus that infects the central nervous system, causing brain disease and ultimately death.⁸ Los Angeles Health Code 10.20.220 requires rabies vaccination for most cats over four months old.

If a cat owner fails to vaccinate their cat and, as a result, the cat bites you and gives you rabies, this could amount to negligence per se — even if the cat had never bitten anyone before.

By failing to vaccinate the cat for rabies, the owner makes themself negligent “per se.”

Cat saliva carries dangerous bacteria.

5. Damages

Cat bites can cause serious infections and even death if not promptly treated. Damages recoverable for cat bite injuries in California can include:

• Medical bills,
• Scarring,
• Lost wages, and
• Pain and suffering.

6. Punitive damages

Generally, punitive damages will not be recoverable in a cat bite case. Punitive damages are only recoverable when someone has acted with “oppression, fraud, or malice.”⁹

“Malice” (the most likely of these to apply in a cat bite suit) means:

• Conduct that is intended to cause injury, or
• Despicable conduct carried on with a willful and conscious disregard for the rights or safety of others.¹⁰

As anyone with a cat can tell you, it is difficult, if not impossible, to make a cat injure you on purpose.

Conceivably, a cat owner could be on the hook for punitive damages if they were exceptionally reckless – for instance, by leaving a toddler alone with an aggressive cat that has attacked people in the past.

7. Lawsuits by veterinarians or groomers

In general, no. Under California’s “Veterinarian’s Rule,” people who work with animals assume the risk that the animal might bite them.

Though if the owner knows an animal is dangerous and fails to warn someone who works with the animal, the owner will become liable for injuries the animal causes.¹¹

The worker must be given notice so that he can take precautions or decline to work with a dangerous animal.

8. Do I have to report a cat bite?

California Penal Code 398 PC requires a cat owner to provide proof of the cat’s vaccinations to a bite victim within 48 hours of the bite. Violation of PC 398 is an infraction punishable by a fine of not more than one hundred dollars ($100).

Moreover, some municipalities require physicians who treat cat bites to file a report with the local public health agency.

Even if the law does not require reporting, you may wish to report it if you are bitten, especially if it was not provoked. Unprovoked cat bites are more likely to be caused by rabies than provoked attacks.

Will the cat have to be quarantined after a bite?

In general, yes. Reporting will subject the animal to quarantine (usually for 10 days) so that it can be watched for signs of rabies. Animals may be able to be quarantined at the owner’s home.

If the animal is healthy, it will be returned to (or allowed to remain with) its owner. If the cat has rabies, it will have to be euthanized.¹²

The good news is that 90% of rabies cases in the United States are caused by wildlife.¹³ By reporting a bite, however, you can make sure. It can also provide evidence if the cat should bite you (or someone else) again.

9. Why are cat bites so dangerous?

Cat saliva contains bacteria that can cause serious infections in humans. Unlike dog bites, which tend to be shallow, cat bites cause deep puncture wounds. These punctures seal quickly, trapping the bacteria under the victim’s skin.¹⁴

The bacteria can spread through the surrounding tissues, causing cellulitis or septicemia (“blood poisoning”). Children, the elderly, and people who are ill or immunosuppressed are particularly vulnerable.¹⁵

A Mayo Clinic study showed that in a three-year period, one in three cat bite victims had to be hospitalized. Of those hospitalized, two-thirds required surgery.¹⁶

Cat scratches can cause “cat-scratch fever.”

Cat-scratch disease (cat-scratch fever)

Cat scratches can also cause bacterial infections. A cat’s sharp, curved nails can penetrate deep into the human skin, depositing bacteria into the blood.

One disease that can be caused is cat-scratch disease (CSD) also known as “cat-scratch fever.” CSD is caused by the bacterium Bartonella henselae. B. henselae is common in cats, though most cats who carry it show no signs of illness.¹⁷

Humans infected with CSD will develop symptoms three to 14 days after the skin is broken. The skin will feel warm and painful and appear swollen and red with round, raised lesions. You may also have a:

• fever,
• headache,
• poor appetite, and
• exhaustion.

CSD can occasionally cause serious complications of the brain, eyes, heart, or other internal organs. They most frequently affect children younger than five and people with weakened immune systems. Although rare, these complications often require intensive treatment.¹⁸

10. What should I do if a cat bites me?

If you are bitten or scratched by a cat you should immediately and thoroughly wash the wound for five minutes with mild soap and water. Do not use rubbing alcohol, hydrogen peroxide¹⁹

It is also highly recommended that you seek the attention of a physician if:

• You do not know the cat’s vaccination status, or
• It has been more than five years since your last tetanus shot.²⁰

The doctor will most likely order several days of antibiotics and possibly a tetanus shot.

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