Under California Law, Section 3342, the dog owner is liable for damages caused to the victim who is bitten by the dog. The dog bite can occur 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.
That means they can't argue that they didn't know their dogs could be dangerous, or that they were responsible for preventing animals from hurting someone. Different states handle dog bite cases from different. 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. California Holds Dog Owners Strictly Liable for Bites.
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), see our page on how to commit a minor's claim in California. California Law Imposes Strict Liability in Canine Attack Cases. This means that the plaintiff does not have to prove that the dog had a history of biting or “dangerous dog” behavior or that the owner was negligent.
According to the Insurance Information Institute, dog bites are the most common liability claim in homeowners and renters insurance policies, 10 The statute of limitations (time limit) for suing in California is two years, 12 The two-year period begins to count on the date the bite or the attack. Under California law, dogs are considered the personal property of their owners, 14 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”). Instead, plaintiffs may be entitled to amounts that the plaintiff reasonably spent trying to “repair the property” (e.g. veterinary bills).
The question is whether the amounts spent by the landlord were reasonable, 16 However, the victim's restitution for property damage is generally limited to the cost of repairing or replacing the damaged property, 17 Yes, although such cases are rare. California law allows recovery of punitive damages if the owner or trainer acted “maliciously”, for example, if he wrongly ordered the animal to attack, 18.In California, if a dog bites someone, it's a matter of strict liability. Even if criminal charges are filed in connection with a dog bite, the injured person can sue the owner for damages, as long as the civil lawsuit is filed within two years of the injury (Cal. Unfortunately, the possibility of civil liability rarely crosses the minds of dog owners, but cases of dog bites are common and injuries are more serious than you would expect.
There are certain requirements and restrictions that come with this label, and there are potential criminal and punitive damages associated with a dog that has been labeled as dangerous. 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 force in other states, whereby the owner is only responsible if the dog has bitten someone before or has shown violent tendencies. If you are on either side of a dog bite lawsuit as the owner of the animal 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 the court finds that the animal poses a significant threat to the public. When these situations arise, it is imperative that you are represented by an attorney who is familiar with dog bite attacks to ensure that the defenses raised do not spoil your case. If you're not sure how you should proceed, you can start by seeking the help of an experienced orange county dog bite lawyer who has stood up for the rights of people who have been 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.
But remember, you will need to take these extra steps to prove your case if you were injured by a dog, but not by a bite (i. Victims who are bitten by dogs working for the military or police cannot hold the government strictly accountable. In California, dog owners must compensate victims regardless of whether their dog showed signs of aggression in the past or not. The most important consideration a court takes in a dog bite case is what is needed to protect the public from harm.
We represent people injured by car accidents, dog bites, slip and fall, wrongful death and other types of injuries caused by the misconduct of others. . .