California is one of the few states in America which follows “strict liability” laws, making pet owners liable for most cases of dog bite injuries. If a dog bite victim sues the owner to claim compensation for their damages, the law won’t take into consideration whether the owner was aware of their dog’s vicious or aggressive nature from before. It means that the owners cannot refuse to pay compensation or take responsibility of their dog by stating that they were unaware that their dog was vicious or that they had taken care to ensure their dog doesn’t attack or bite someone.
Section 3342 of California’s Civil Code is the state’s dog bite statute. The statute also includes some limitations.
The owner can be held liable for the dog bite injury, only if the dog bite victim:
- was bitten, and
- Was present either at a public place or was lawfully present in a private place at the time of the attack or bite.
For example, a person delivering mail or parcel to someone’s house will be considered lawfully present on private property. A Dog bite Victim cannot sue if they had been bitten by police or military dogs when they were carrying out law enforcement work or if they bite in self-defense against any offensive or provocative behavior. However if a dog has grabbed someone but didn’t bite into the skin, such a case would still be considered as a dog bite case.
Damages and compensation for a Dog bite Victim case:
A dog bite Victim case has to be filed as a personal injury lawsuit. The victims of such incidents can recover compensation for:
- Medical expenses, both present and future
- Loss of property or damage
- Loss of wages or loss of job
- Suffering and emotional distress
Families of a Dog Bite Victim who lose their lives due to a dog bite injury, can also recover damages under a wrongful death claim.
Dog bites injuries are serious injuries. A Dog Bite Victim may need medical care to recover both physically and psychologically. They have a right to receive compensation for the emotional trauma and suffering they undergo after the dog bite or attack. To get legal help on your case and to receive your rightful compensation contact an experienced dog bite injury lawyer today. To start your legal process, contact us at Khashan Law on (951) 461-2387 or (833) BITE-LAW to schedule a free and confidential consultation. Our team of lawyers have years of experience as dog bite injury lawyers.