California is one of the states that has a dog bite statute. California Civil Code section 3342 states “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, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”
This dog bite statute is opposed to common law’s requirement of “scienter”. Scienter means the defendant (dog owner) knows that the animal had previously injured a person in the same manner, such as by a bite.
A dog bite statute pertains only to dog bites, while a dog liability law is a statute that imposes liability for any injury inflicted by a dog, whether caused by biting, tripping, or any other conduct. California does not have statutes imposing strict liability on dog owners, however, other laws of liability may apply.
If you are bitten by a dog then the dog’s owner is strictly liable for your injuries and you do not have to prove negligence, you only have to prove that your were bitten by the dog and were injured.
Children suffer dog bites frequently and with the injury rate being the highest for children between the ages of 5 to 9.
Dog bite victims are entitled to damages including past and future medical bills, cosmetic surgery, lost wages and for general damages including pain and suffering.
If you are concerned about a particular dog situation in your neighborhood, talk to neighbors, mail carriers, neighborhood watch, and the local kids to help you assess the potential danger of dog attacks in your area. Being informed and always aware is your best defense. If you experience the misfortune of a dog bite or attack, you must contact a qualified dog bite attorney such as Daniel A. Gibalevich in insure the best possible outcome in your case.
If you think you need the services of a Personal Injury Lawyer in Los Angeles please contact us at (323) 930-2020 or visit the Personal Injury section on our website at the DAG Law Firm. Call today and we will connect you with Daniel A. Gibalevich, an experienced, aggressive, affordable Personal Injury Attorney in Los Angeles. After you have spoken with our Los Angeles Personal Injury Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of Personal Injury Law, we can help! Call us now at (323) 930-2020. We look forward to hearing from you and assisting you with any and all Personal Injury Law needs.