Under California Law, Section 3342, the dog owner is liable for any damages caused to the victim who is bitten by the dog. It doesn't matter if the bite happened in a public or private place, including the property of the dog owner. California is one of the states with strict liability laws on dog bites that hold pet owners responsible for most bite injuries. When victims sue for compensation for their damages, it doesn't matter if the owners knew that their dogs had bitten someone before.Different states handle dog bite cases differently.
Most states are strict liability or negligence states. California is a State of Strict Liability when it comes to Dog Bites. This means that an owner cannot evade liability for a dog bite by claiming that he had no idea that the dog would act aggressively. The owner is responsible for all damage resulting from a dog bite, even if the dog has never bitten anyone before.The statute itself speaks of this issue, holding the owner of the dog responsible regardless of the previous cruelty of the dog or the owner's knowledge of such cruelty.
This means that victims of dog bites can recover compensation from the dog owner even if the owner did nothing wrong. If the victim of the bite was a minor (under 18), there are special procedures to follow.According to the Insurance Information Institute, dog bites are the most common liability claim in homeowners and renters insurance policies. The statute of limitations (time limit) for suing in California is two years, and this two-year period begins to count on the date of the bite or attack.Under California law, dogs are considered personal property of their owners. Therefore, when a person's dog is “damaged”, the usual cause of action is property damage (or a darker legal theory known as “breaking and entering”).
Plaintiffs may be entitled to amounts that they reasonably spent trying to “repair” their property (e.g. veterinary bills). The question is whether these amounts were reasonable.California law allows recovery of punitive damages if the owner or trainer acted “maliciously”, for example, if he wrongly ordered the animal to attack. In these cases, victims can sue for damages as long as they file their civil lawsuit within two years of being injured.Unfortunately, many dog owners don't realize that they can be held liable for their pet's actions.
Dog bites are common and injuries can be more serious than expected. There are certain requirements and restrictions that come with this label, and there are potential criminal and punitive damages associated with a dangerous dog.Victims of dog bites can get compensation under the negligence standard by proving that the dog owner acted negligently. This contrasts with the “one bite” rule in other states, whereby an owner is only responsible if their dog has bitten someone before or has shown violent tendencies.If you're on either side of a dog bite lawsuit as an owner or as someone who suffered a bite injury, it may be time to discuss your situation with a personal injury lawyer. Animal control can destroy a vicious dog if a court finds that it poses a significant threat to public safety.When these situations arise, it is important to be represented by an attorney who is familiar with dog bite attacks to ensure that defenses raised do not spoil your case.
If you're not sure how you should proceed, you can start by seeking help from an experienced Orange County dog bite lawyer who has stood up for people wrongfully injured for years.These civil procedures cannot be based on a dog's history of biting intruders or on bites from working police or military dogs. However, victims who are bitten by dogs working for military or police cannot hold government strictly accountable.In California, if a dog bites someone, it's a matter of strict liability. We represent people injured by car accidents, dog bites, slip and fall, wrongful death and other types of injuries caused by misconduct of others.
