Dog Bites
Dog Bites
California is a strict liability state. California Civil Code section 3342(a) states that a dog’s owner can be held liable for any harm caused to any person who is bitten by the dog. Even if the animal has never shown any prior aggression, the owner can still be held liable.
If one has been bit by a dog, they need to prove that they were in a public place, lawfully on private property; or they were legally on the dog owner’s property and you did not provoke the dog.
A dog bite would be labeled as a personal injury claim and as such, victims have two years from the date of the incident to seek compensation for their damages.
WHEN COULD A DOG BITE CLAIM NOT APPLY?
It is important to know the circumstances where a dog bite incident may not apply. Several defenses to a claim include:
- The victim was trespassing on private property when the bite happened;
- The victim provoked the animal;
- The animal was protecting its owner or another person in accordance with California’s laws on self-defense; or
- The animal was a military or police canine being used appropriately in accordance with the agency’s written policies.
Although these defenses could arise, they are not always concrete. Dog bite claims can be complex at times, but we are
here to help you get you rightfully compensated.
here to help you get you rightfully compensated.