California Is a “Strict Liability” State for Dog Bites
Many Stockton residents are reluctant to come forward following a dog bite because they mistakenly believe they cannot seek compensation unless there is some proof the animal that attacked them was “vicious.” In fact, California is what is known as a “strict liability” state. Put simply, you can always sue the owner of a dog following a bite or attack regardless of that animal’s prior history of biting or similar vicious behavior.
Indeed, the state’s dog bite law–California Civil Code § 3342–makes it clear that the victim in a dog bite lawsuit does not have to prove “the former viciousness of the dog or the owner’s knowledge of such viciousness.” All the victim needs to show is that they were bitten “while in a public place or lawfully in a private place.” This includes the property of the dog’s owner. In other words, if you are bitten by someone’s dog while visiting their home lawfully, you can still sue them and collect damages.
There are, however, some exceptions to California’s strict liability rule for dog bites. A defendant can argue they should not be held financially responsible for a dog bite victim’s injuries for any of the following reasons:
- The victim was a trespasser (i.e., not lawfully on private property)
- The victim works in an occupation where they knowingly assumed the risk of getting bit, such as a veterinarian or dog kennel worker
- The victim should be held partially (or completely) at-fault because they harassed, annoyed, or provoked the animal beforehand
Contact Our Stockton Dog Bite Lawyers at Venardi Zurada Today
Dog bites leave significant physical and emotional injuries. Bite wounds may become infected, requiring extensive and expensive medical treatment. And victims often require several months–even years–to recover from their psychological scars. That is why it is critical to hold dog owners legally accountable for their animals’ actions.
If you need to speak with a qualified Stockton animal and dog bite attorney, call Venardi Zurada LLP today at (833) 893-6763 to schedule a free confidential consultation. We work on a contingency basis, meaning there is no fee unless we recover compensation for you.
