Understanding the Dog Bite Statute in California
If you or someone you know has been bitten by a dog, understanding California’s Dog Bite Statute can be crucial for determining liability and compensation. This law makes it easier for victims of dog bites to hold the owner accountable for the injuries inflicted by their pets.
What is the Dog Bite Statute?
California Civil Code Section 3342, commonly referred to as the Dog Bite Statute, holds dog owners strictly liable for injuries their dogs cause. This means that if a dog bites someone, the owner can be held responsible regardless of whether the dog had a history of aggression or the owner took precautions to prevent the bite.
What Must Be Proven Under the Dog Bite Statute?
To succeed in a dog bite claim, a plaintiff (the person who was bitten) must prove four specific elements:
1. **Dog Ownership**: The defendant (the dog owner) owned the dog that caused the bite.
2. **Location of the Incident**: The bite occurred while the plaintiff was in a public place or lawfully on private property. Being "lawfully on private property" could mean the person was invited, or simply not trespassing.
3. **Harm**: The plaintiff suffered an identifiable injury. This could range from a minor scratch to serious wounds requiring medical attention.
4. **Causation**: The dog was a substantial factor in causing the plaintiff's harm. This means that the bite itself directly contributed to the injuries sustained.
For example, imagine walking your dog at a park. If another dog suddenly attacks your dog, leading you to be injured in the process, you could be holding that dog's owner responsible, provided you weren't provoked or doing anything illegal.
Why is Understanding this Important?
California has a "strict liability" standard under this statute. What that means is the victim does not have to prove that the owner was negligent or knew about the dog’s dangerous tendencies. Simply put, if a dog bites someone, the owner is liable, which helps to protect victims more efficiently.
What Should You Do If Bitten by a Dog?
If bitten, your first step should be to seek medical attention, no matter the severity of the injury. After that, it’s important to gather any evidence related to the incident, including photographs of injuries, contact information for witnesses, and possibly a report from animal control if one was filed.
If you're contemplating a claim or don't know where to start, it's wise to contact an experienced personal injury attorney. At Goldfaden Benson, we can help clarify your options and guide you on the best path for recovery.
If you are ever unsure about your rights or the legal process involving dog bites or personal injury in general, don’t hesitate to reach out to us. Would you like to learn more about what next steps to take after a dog bite incident? Contact Goldfaden Benson today for personalized information and assistance!
