California’s Laws on Dog Bite Liability: Protecting Victims’ Rights

Dog bites and attacks can result in severe injuries, emotional trauma, and significant medical expenses for victims. In California, strict laws are in place to protect the rights of individuals who have been bitten or injured by a dog. Understanding these laws and the responsibilities of dog owners is crucial for victims seeking compensation for their injuries. In this blog post, we will delve into California’s laws on dog bite liability and how they aim to protect victims’ rights.

California’s Strict Liability Law

California follows a strict liability law when it comes to dog bites, as outlined in Civil Code Section 3342. According to this statute, a dog owner is held strictly liable for any injuries caused by their dog biting another person, regardless of the dog’s previous behavior or the owner’s knowledge of the dog’s aggressive tendencies.

Key Aspects of California’s Dog Bite Liability Law:

Liability without Fault: Unlike in some other states where a dog owner might escape liability for a first-time bite, California’s strict liability law holds the owner responsible for their dog’s actions regardless of the dog’s history.
Applies to Public and Private Property: The law applies to dog bite incidents that occur on public property, such as parks and sidewalks, as well as on private property, including the owner’s home.
Exceptions for Trespassers: One exception to strict liability exists when a person is unlawfully on the owner’s property at the time of the dog bite. In such cases, the owner’s liability may be reduced, but they may still be liable if they were negligent in handling the dog.

Statute of Limitations for Filing a Dog Bite Claim

California imposes a statute of limitations, which is the time limit within which a dog bite victim must file a personal injury claim against the dog owner. In California, the statute of limitations for dog bite claims is typically two years from the date of the bite or attack. Failing to file a claim within this time frame may result in the loss of the right to seek compensation for the injuries suffered.

Defenses Available to Dog Owners

While California’s strict liability law places significant responsibility on dog owners, they may still have certain defenses to a dog bite claim. These defenses may include:

Provocation: If the dog owner can demonstrate that the victim provoked the dog into biting, it may impact the extent of liability.
Trespassing: If the victim was unlawfully on the dog owner’s property at the time of the bite, the owner’s liability might be reduced.

Protecting Victims’ Rights and Seeking Compensation

If you or a loved one has been bitten or injured by a dog in California, it’s essential to take the following steps to protect your rights and seek compensation:

Seek Immediate Medical Attention: Ensure that you receive appropriate medical care for your injuries, as this is vital for both your health and your legal claim.
Document the Incident: Gather information about the dog owner, any witnesses, and the circumstances of the incident. Take photographs of your injuries and the location where the bite occurred.
Report the Incident: Report the dog bite to your local animal control agency or law enforcement. This documentation can be valuable in establishing the incident’s details.
Consult with a Personal Injury Attorney: Reach out to an experienced personal injury attorney who specializes in dog bite cases. They can assess the circumstances of the attack, explain your rights, and guide you through the legal process.

California’s laws on dog bite liability are designed to protect the rights of victims who have suffered injuries due to a dog owner’s negligence or a dog’s aggressive behavior. If you’ve been injured in a dog bite incident, understanding your rights and the available legal recourse is essential for seeking fair compensation for your injuries, medical expenses, and emotional distress. By enforcing strict liability on dog owners and promoting responsible pet ownership, California aims to create a safer environment for its residents and prevent future dog bite incidents.

A personal injury lawyer can help you understand your legal options and negotiate a fair settlement on your behalf. Click here to schedule a free consultation with one of our skilled California lawyers to learn more about your options. Or call our offices at 707 549 8166.