California Dog Bite Case Law

In california a dog owner is responsible for any injuries caused when their dog bites a person.
California dog bite case law. According to california law section 3342 the dog owner is liable for the damages it causes a victim who is bitten by the dog. Civil liability for dog bites. California penal code section 398 399 5. The damages were caused by a dog bite and the person bitten was in a public place or lawfully in a private place.
To prove a case under california s dog bite statute dog bite victims have to show. Civil code 3342. California s dog bite law section 3342 of the civil code states that the owner of any dog is liable for damages if. What is a settlement in a dog bite case.
The dog bite was a substantial factor in the injuries. California law section 3342 outlines the legal processes in a dog bite case. But what if the dog bite victim is another dog. Return to california dog bite law and see the list of causes of action set forth there if the victim is an employee of the dog owner and is bitten on the job the victim s remedy is found under the labor code not the dog bite statute but the victim can sue the employer if the latter does not have workers compensation insurance.
Despite this when a dog bite victim is a canine the victim s owner can often recover damages. Because states can change their laws at any time it s always a good idea to check the current california statutes using this. Phillips speaks from vast experience as the author of dog bite law and the only lawyer in the usa who has done. California food and agricultural code section 31601 et seq.
The defendant owned the dog the dog bit the victim in a public place or while the victim was lawfully on private property the dog bite hurt the victim and. The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place including the property of the owner of the dog. California dog bite law. It states that the owner of a dog is liable for damages a person suffers due to a bite from the dog in a public place or a private place that the person was lawfully within.
If you re bit by a dog in california knowing your legal rights is not enough to get compensated. What does strict liability mean. In a dog bite case a settlement is an agreed upon resolution the dog s owner or more often their homeowner s insurance policy will pay compensation to the victim for their damages the victim in return agrees to drop their case against the owner of the dog. The dog bite can occur in a public or private place including the dog owner s property.
California dog bite law. Whether you own a dog in california or have a claim for a dog bite or other injury you ll want to understand the state s laws on owners civil and criminal liability when their animals hurt someone or have been aggressive read on for the details.