Should I get a dog bite lawyer after I get bit by a dog?
Yes. While they may not be as visually dramatic as a car accident, dog bite injuries are often just as severe and just as arduous to treat and recover from.
How can a dog bite lawyer help me?
A dog bite lawyer can assist clients by investigating the incident, identifying the liable party, demanding compensation, and filing a lawsuit if needed.
California's dog bite laws favor injured parties, holding owners strictly liable under Civil Code 3342 if:
The victim did not provoke the dog.
The bite occurred in public or while the victim was lawfully on private property, such as an invited guest or an EMT on duty.
It is not necessary that the skin be broken in order for the statute to apply. (Johnson v. McMahan (1998) 68 Cal.App.4th 173, 176 [80 Cal.Rptr.2d 173])
What does strict liability mean in California law?
Strict liability means a defendant can be held responsible for injuries without proof of negligence or fault.
In California, it applies in two situations:
When the defendant manufactures, distributes, or sells a defective product that causes someone injury.
When a dog bites someone in a public place or on private property where the victim was lawfully present.
While California’s strict liability typically does not follow the one-bite rule (established by Hicks v. Sullivan, 1932), trespassers may use it to show the owner was aware of the dog’s violent history. Owners are strictly liable if they keep a dangerous dog, regardless of precautions.
Does California follow the one-bite rule?
California does not follow the "one bite rule" used in many states. Since 1931, California Civil Code 3342 replaced the one-bite rule and enforces strict liability for dog bites.
Under strict liability, dog owners are held responsible for dog bite incidents, regardless of precautions taken.
For example, if James locks his dog Gerald in a cage during a party, but Gerald escapes and bites a guest, James would still be liable for the damages under California law.
Who is ineligible to sue?
While most dog bite victims can file a lawsuit, certain situations make it unlikely they will win compensation:
Trespassing on private property, such as the dog owner’s home.
Provoking the dog.
The dog acting in lawful self-defense to protect its owner or others.
The dog being a military or police canine used appropriately under agency policy, as defined in CCC 3342(b)-(d) and Strauss v. Magana.
To learn more about California dog bite laws, click here.
If you have suffered a dog bite or attack in Orange County, don’t wait to win! The experienced injury attorneys of Win Nguyen Law are proud to represent the communities of Orange County in maximizing their rightful compensation from vicious dog bites caused by malicious or negligent dog owners.
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