California’s Laws on Dog Bite Attacks – What You Need To Know
The State of California is sadly home to more dog bite attacks than any other state in the nation. Every year, hundreds of people are severely injured as a result of dog bite attacks. Following an attack, affected victims should know that they may have an opportunity to recover damages. While some states have a “one-bite” rule when it comes to dog bites, the state of California has a strict liability rule where the dog owner will be held responsible after the bite attack. As opposed to other states, the State of California has a strict law that will hold the pet owner responsible even if the dog had never shown aggressive tendencies and had never bitten a person before.
After being attacked and bitten by a dog, you will need to know what your legal options are to hold the responsible party accountable and recover the compensation you deserve. Consider contacting Knez Law Group, LLP today to schedule a free consultation by completing the online contact form found on the Knez Law Group, LLP webpage here.
California’s Strict Dog Bite Injury Law: Civil Code §3342
Based on Civil Code §3342, dog owners are liable for the losses and damages caused to those bitten by their pets. To be held responsible, however, the attack must have occurred in a public place, or when in a private space legally.
Under California’s strict liability law, the dog owner will be held responsible for the victim’s damages regardless of whether the animal never displayed aggressive behaviors in the past or not. There are certain exceptions to this law. For instance, an injured person cannot file a claim against a government agency that was using the dog for military or police work and the animal was doing its job when the bite occurred.
Further, the strict liability law will not apply if the dog was defending a person or itself when the attack happened. The owner will not be held responsible if the injured person was annoying, harassing, or provoking the dog, which led the animal to attack.
It is also important to understand that the law will not apply in situations where the animal attacked the person but did not bite him or her. When the dog harmed a person by other means other than a bite, the injured person will still have the right to file an injury claim against the owner but will have the burden to prove the owner’s negligence.
Dog Bite Injury Claims Based on Negligence
When a dog has attacked and hurt a person but no biting was involved, the injured person can file a personal injury claim based on negligence against the pet owner. In these cases, the dog owner will not be held automatically responsible after the attack. Instead, the injured party will need to prove that the owner did not exercise reasonable care in preventing the attack from happening. The injured party will also need to demonstrate in the claim that this lack of care was what led to his or her injuries.
An Established Personal Injury Attorney Can Help
Dog bite injuries are often serious but when an attack happens, injured victims may have legal recourse to recuperate from their losses. If you were recently injured by a dog, filing the claim can be complicated. Contact a well-established personal injury litigator who can assess the claim and help you determine the value of your damages.
The Knez Law Group, LLP is proud to represent dog bite injury victims, including those who were injured as a result of the dog owner’s negligence. Consider speaking to the attorneys at the Knez Law Group, LLP today for proficient legal representation.
Matthew J. Knez graduated from the University of Redlands in California where he earned a Bachelor of Arts degree in Creative Writing. He went on to pursue his Law Degree at the University of LaVerne, College of Law in Ontario, California. While pursuing his law degree he earned various awards, including CALI Award in Torts and he was on the Dean’s List. Mr. Knez was also a member of the Justice and Immigration Clinic where he worked with people seeking asylum into the United States from countries where they had experienced persecution or threat of persecution. Additionally, Mr. Knez was a member of Law Review where he was an Associate Editor and published a Law Review article on California family custody move-away cases.