Folsom Dog Bite Injury Lawyer

Understanding California’s Strict Liability Dog Bite Statute

Under California Civil Code section 3342, the dog bite statute states that dog owners are strictly liable for damages if: 

• The dog bite directly caused damages
• The person was bitten in a public place or lawfully private place (including the dog owner’s property) 

For California’s dog bite statute to apply, the injury must be caused by a dog bite, not any other behaviors from the dog. Meaning that if a dog attacks the victim but injures the victim by scratching, not biting, then the dog bite statute is not applicable. However, California’s negligence rules apply to situations where the dog harms the victim without biting. 

This statute does not apply to dog bite injuries resulting from dogs carrying out law enforcement or military duties.

What Does Strict Liability Mean?

California’s strict liability dog bite statute means that the owner cannot escape liability for a dog bite by claiming they did not know the dog would behave aggressively. The owner is responsible for all damages caused by the dog bite, even if there was no previous history of aggressiveness. 

What to Do after a Dog Bite Incident 

The actions victims take immediately after and following a dog bite incident play a vital role in the success of their claim. A successful claim hinges on proper documentation, meeting deadlines, and having the necessary skills and resources. Protect your legal rights and preserve the viability of your claim by doing the following:

• Seek medical attention immediately 
• Identify the dog owner, write down their information 
• Ask the dog owner about insurance coverage
• Report the incident to local animal control 
• Obtain the name, address, and phone number of any witnesses 
• Take photos of your injuries
• Consult with an attorney