A dog attack can leave you with severe injuries and lasting anxiety around animals. To learn your legal rights whether California law will hold the owner responsible in your case, contact Hanson & Mouri. We offer free consultations, message us online or call 951-688-0006 today.
California’s Strict Liability Rule
California Civil Code §3342 states that a dog owner is liable when a person is bitten in a public place or while “lawfully in a private place.” The statute applies “regardless of the former viciousness of the dog” or whether the owner knew the animal might bite.
This legal theory is known as strict liability. In practical terms, you generally do not have to prove that the dog previously attacked someone or that its owner received a warning about aggressive behavior. You must establish that the dog bit you, that you were legally present where the attack occurred, and that the bite caused your injuries. A first bite is not a defense for the owner.
What If the Dog Did Not Bite You?
If a dog knocked you down, chased you into traffic, or caused another non-bite injury, you may still have a negligence claim. That type of case may require proof that the owner failed to use reasonable care or knew the dog created a particular danger.
Can the Owner Blame the Victim?
The dog owner’s insurer may argue that you provoked the animal, ignored a warning, or entered the property without permission. California uses pure comparative negligence under Li v. Yellow Cab Co. of California, which assigns liability “in direct proportion to fault.” This means shared responsibility may reduce compensation rather than eliminate it completely.
How Long Do You Have to File?
California Code of Civil Procedure §335.1 generally requires an injury lawsuit to be filed “within two years.” That period usually begins on the date of the attack.
A dog bite claim may include compensation for:
The value of the claim depends on the severity of the wounds, future treatment needs, time missed from work, psychological effects, and available insurance coverage.
The dog owner’s insurance company may contact you before your wounds have healed or before doctors know whether you will have permanent scarring. An early offer may not account for later procedures or the emotional effects of the attack. An Ontario Dog Bite Attorney can help you by:
This gives you time to focus on healing while your attorney handles the legal process.
During a free consultation, Hanson & Mouri will listen to what happened, explain whether strict liability may apply, and discuss the next steps available to you. Contact us online or call 951-688-0006 to schedule your free case consultation.