California Statute Related to Dog Bites

California has "strict liability" laws when it comes to dog bites. The owner of a dog that bites another person is absolutely liable for any damages and personal injuries stemming from that attack under the following three conditions:

• The dog bites a person, and
• The bites a person in a public location, or in a private location where a person has the lawful right to be, and
• The dog was not provoked or harassed by the person before the dog bite.

California law is very specific relating to dog bites. An actual bite must have occurred, not a scratch, or merely a dog jumping on another person. While a person may have a right to a personal injury claim if harmed by a dog in those circumstances, they would have a claim under personal injury statutes instead of these specific dog bite statutes.

Additionally, in the state of California, it does not matter if the dog never exhibited any violent or aggressive tendencies before the dog bite - the owner will still be held liable for any injuries to another person from their dog biting someone.

California’s Laws Regarding “Dangerous and Vicious Dogs”

There are separate rules for dog owners that have knowledge that their dog has exhibited aggressive tendencies in the past. These dogs are considered by law to be “dangerous” dogs, and even harsher rules will apply. The state of California has defined a “dangerous” dog to be any dog that has shown the following:

• The dog has acted so aggressively in at least two incidents in the past three years that someone had to defend themselves against the attack.
• The dog bit a person without provocation that resulted in a non-severe injury.
• The dog injured or killed a domestic animal two times in the past three years.

The state of California has defined a “vicious” dog to be a dog that has shown the following:

• The dog killed or severely injured someone without provocation.
• A court of law has already made a determination regarding the dog, and decided that the dog was dangerous.

Contact a Dog Bite Attorney Today

You have two years in the state of California to file a claim in court regarding any personal injury received due to a dog bite. If you or someone you love has suffered any personal injury due to a dog bite contact the experienced lawyers at Prussak, Welch, & Avila. Our legal team has years of expertise dealing with personal injury law, and can help you with your case. Our team can help you understand your legal rights and help you build your case so that you receive the compensation that you are owed. Contact us today at 888-550-9529 or online today for your free consultation.