California has one of the strongest dog bite laws in the United States. If a dog bit you in California, you likely have a strong legal claim — and you may not need to prove the dog had ever bitten anyone before. Here is everything you need to know about California dog bite law and your rights as a victim.
California’s Strict Liability Dog Bite Statute
California Civil Code Section 3342 imposes strict liability on dog owners for bites that occur in public places or when the victim is lawfully in a private place. Strict liability means the owner is responsible regardless of whether they knew the dog was dangerous or whether the dog had ever bitten before. This is fundamentally different from states that use a “one bite” rule, where owners get a free pass on the first bite.
To win a California dog bite claim, you need to prove three things: the defendant owned the dog, the dog bit you (breaking the skin), and you were in a public place or lawfully in a private place at the time. You do not need to prove negligence, prior dangerous behavior, or that the owner knew the dog was dangerous.
Exceptions to California Strict Liability
The strict liability statute has limited exceptions. It does not apply to police or military dogs performing their official duties. It also does not apply if the victim was trespassing. And contributory negligence — such as provoking the dog — can reduce (but not eliminate) the victim’s recovery under California’s comparative fault rules. However, simply approaching a dog or petting it without provocation does not constitute contributory negligence.
Compensation Available in California Dog Bite Cases
California dog bite victims can recover medical expenses (emergency treatment, surgery, wound care, plastic surgery for scarring), lost wages, pain and suffering, emotional distress, and in cases of disfiguring injuries, damages for permanent scarring. Homeowner’s and renter’s insurance policies frequently cover dog bite liability — most dog bite claims are paid by the dog owner’s insurer rather than out of pocket.
Free Consultation — California Dog Bite Lawyer
Krash Lawyers handles dog bite cases throughout Ventura County, Los Angeles County, and Orange County on contingency — no fees unless we win. Call (818) 471-7709 or request a free case review today.
Related: California Dog Bite Lawyers | Moorpark Personal Injury Attorney | Agoura Hills Personal Injury Attorney | Thousand Oaks Personal Injury Attorney
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