Dog Bite Cases

​In California, the laws regarding dog bite cases are primarily governed by Civil Code section 3342, commonly known as the "dog bite statute." According to this statute:

1. Strict Liability: In most dog bite cases, California follows a strict liability rule. This means that dog owners are held strictly liable for injuries caused by their dogs biting someone, regardless of the dog's past behavior or the owner's knowledge of viciousness.
2. Statutory Elements: To establish liability under the statute, the injured person must prove the following elements:
   • The defendant is the owner of the dog.
   • The plaintiff was bitten by the dog.
   • The plaintiff was in a public place or lawfully in a private place when the bite occurred.
3. Defenses: Defenses to a dog bite claim in California include provocation by the plaintiff, trespassing, and comparative negligence (where the plaintiff's own negligence contributed to the incident).
4. One Bite Rule: Additionally, in rare circumstances, California follows the "one bite rule" for cases not covered by the dog bite statute. Under this rule, a dog owner may be liable for injuries caused by their dog if they had knowledge of the dog's dangerous propensities (i.e., a prior bite or aggressive behavior).

To bring a successful dog bite injury case in California, the following steps are generally recommended:

1. Seek Medical Attention: The injured person should seek medical attention immediately to address their injuries.
2. Document Evidence: It's important to gather evidence, including photographs of the injuries, witness statements, and any information about the dog and its owner.
3. Report the Incident: Report the dog bite to the appropriate authorities, such as animal control or the police, to document the incident.
4. Consult with an Attorney: It's advisable to consult with a personal injury attorney experienced in dog bite cases. An attorney can provide guidance on the legal process, assess the strength of the case, and advocate for the injured person's rights.
5. File a Lawsuit (if Necessary): If a fair settlement cannot be reached with the dog owner's insurance company, the injured person may need to file a lawsuit to pursue compensation for their injuries and damages.
6. Attend Legal Proceedings: If the case goes to court, the injured person will need to participate in legal proceedings, including depositions, hearings, and possibly a trial.

By following these steps and working with an experienced attorney, an injured person can increase their chances of bringing a successful dog bite injury case in California.