California is a "Strict Liability" Dog Bite State!
February 14, 2018, Joseph Johnson, Esq.
California (along with several other states) is a “strict liability” state for dog bites. This means that an owner cannot escape liability for a dog bite by claiming that he or she had no idea the dog would act aggressively or that the dog had never bitten anyone before. The owner is responsible for all damages resulting from a dog bite. California's dog bite law (Civil Code § 3342) is very straight forward. It states that the owner of any dog is liable for damages if:
- the damages were caused by a dog bite, and
- the person bitten was in a public place or lawfully in a private place.
You do not have to show the owner knew the dog would bite or failed to use reasonable care to prevent the bite.
However, “strict liability” only applies to dog bites; not some other behavior on the part of the dog that is not a “bite.” For example, if a child is playing on the sidewalk and a dog escapes from another property, jumps on and knocks over the child, breaking his arm, the dog bite statute does not apply. Here, you would need to prove negligence on the part of the dog owner arguing that the owner failed to take reasonable steps to secure or control the dog, by either keeping it on a leash or in a gated/fenced-in yard.
If you or anyone you know has been bitten or attacked by a dog and suffered injuries, contact the Law Offices of Joseph Johnson for a free evaluation.