San Diego Personal Injury Lawyers Blog

Did you know that California has a strict liability dog bite statute which states that the owner of a dog is liable for damages inflicted by his/her dog if it bites a person who is either in a public place, or lawfully in a private place, including on or near the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness (California Civil Code Section 3342)?

The dog owner is liable regardless of whether or not the dog had ever been vicious before and regardless of whether or not the owner had reason to believe the dog would behave in a vicious manner. The dog does not get "one free bite."

In dog bite cases, it is essential that prompt measures be taken to preserve evidence, investigate the incident in question, and enable physicians and other expert witnesses to thoroughly evaluate all of the victim's injuries.

In the majority of dog bite cases, the law only allows for the injured party to collect damages designed to make him/her "whole"; however, in circumstances where it can be proven that a particular dog had demonstrated vicious behavior in the past, there is a possibility that the victim can also recover "punitive" damages. These are damages designed not for the purpose of making the injured party "whole," but rather to punish the wrongful conduct of a dog owner who knowingly keeps a vicious animal that can cause harm to innocent persons. In the event that punitive damages are warranted, the amount of money that the injured party can recover would be substantially more than in the typical dog bite case.

Click here to review dog bite safety tips.