California’s Strict Liability Dog Bite Laws
In California, strict liability applies in dog bite cases. This means dog owners are held liable for injuries their dogs cause, regardless of whether the dog has shown aggressive or dangerous behavior in the past. According to California Civil Code Section 3342, if a dog bites a person in a public place or in a private place where the person is lawfully present, the dog owner is liable for damages.
Steps to Take After a Dog Bite Incident
If you have been bitten by a dog in California, taking the following steps can strengthen your legal case:
1. Obtain Medical Care Without Delay
Dog bites can lead to serious infections, including rabies or tetanus, and may require immediate medical attention. Seeking treatment quickly also ensures that your injuries are documented, which is essential for your case.
2. Report the Incident
File a report with local animal control or law enforcement. This documentation helps establish the incident and may uncover prior complaints about the dog.
3. Collect Evidence
Gather photographs of your injuries, the location of the incident, and the dog if possible. Obtain witness statements and secure the dog owner's contact information.
4. Contact a Personal Injury Lawyer
An experienced dog bite attorney can guide you through California’s dog bite laws, handle insurance negotiations, and fight to get you the compensation you deserve.
Recoverable Damages in Dog Bite Cases
California dog bite victims may recover multiple forms of compensation, including:
- Medical Expenses – Covers hospital stays, surgeries, medications, and ongoing medical care.
- Lost Wages – Compensation for time off work due to injuries or recovery.
- Pain and Suffering – Addresses physical pain, emotional distress, and trauma from the attack.
- Scarring and Disfigurement – Includes plastic surgery costs and psychological effects of permanent scars.
In some cases, victims may also seek punitive damages if the dog's owner was reckless, such as knowingly allowing a dangerous dog to roam freely.
Defenses in Dog Bite Cases
Although California’s strict liability law favors victims, dog owners may attempt legal defenses such as:
- Provocation – Claiming the victim provoked the dog by taunting or harming it.
- Trespassing – Asserting that the individual was bitten while illegally on private property.
- Assumption of Risk – Arguing that the victim knowingly put themselves at risk, such as handling a known aggressive dog.
A skilled personal injury attorney can counter these defenses by gathering evidence and expert testimony.
The Role of a Dog Bite Attorney
Handling a dog bite claim can be overwhelming. Victims must deal with medical expenses, emotional trauma, and aggressive insurance companies. A personal injury lawyer specializing in dog bite cases can:
- Determine liability and assess your claim’s value.
- Gather evidence, including medical records and witness statements.
- Negotiate with insurers to secure maximum compensation.
- Take your case to court if a fair settlement is not reached.
Contact Us Today
If you or a loved one has suffered a dog bite injury, do not wait to protect your rights. Call California Attorney Group at (310) 278-6666 or visit our website to request a free consultation.
