Proving Liability in a California Dog Bite Case

Nobody begins their day with the assumption it is going to result in a dog bite accident. Dog bites can be quite serious and often involve pricey medical visits and long-lasting recovery periods. When you have fallen victim to a dog bite case, you are entitled to file a claim and partner with an attorney to help you through the tricky legal aspects of the claim, including proving liability. 

In California, the dog owner is typically held responsible for any injuries caused by their dog biting someone, without the need for the victim to demonstrate any negligence or prior knowledge of the dog’s aggressive behavior by the owner. This law applies as long as the bite occurs in a public space or on private property where the victim is lawfully present. When it comes to taking next steps for getting access to the damages you deserve, NK Law Group can help.

How Is Liability Established After a Dog Bite in California? 

Establishing liability after a dog bite in California is governed by specific legal principles. The state operates under a “strict liability” framework for dog bite incidents. This means that the dog owner is automatically responsible for any damages resulting from a dog bite, regardless of whether the dog has a history of aggression or biting. This legal stance eliminates the need for the victim to prove negligence or fault on the part of the dog owner. The owner cannot avoid liability by claiming ignorance of the dog’s aggressive tendencies​​​​​​.

California’s Civil Code Section 3342 explicitly outlines this strict liability law. The law stipulates that the owner of any dog is liable for damages caused by a dog bite, irrespective of the dog’s previous behavior or the owner’s awareness of such behavior. However, this liability applies under certain conditions: the incident must occur on public property or while the victim is lawfully on private property. This means that dog owners are not typically held liable for bites to trespassers. For more information about your specific circumstances, our team is happy to provide a free case evaluation. 

How a Dedicated Attorney Can Help

While you focus on healing and recovering from your personal injury accident, our team is prepared to act as a guiding light throughout the overwhelming process of filing your claim. California currently has a two-year statute of limitations to file a claim for a personal injury accident. Though certain exceptions apply, this date typically is two years from the date of the actual dog bite. 

We are here to establish a liable party and file a claim to help you recover the compensation you need after your accident. This will include both economic and non-economic damages, including coverage for both tangible losses, like medical expenses, and your intangible losses, like scarring or disfigurement. If a worthy settlement cannot be reached with the insurance company, we are even prepared to take your case to court and defend your rights in front of a judge. 

Schedule a Free Consultation With an Attorney Today

If you’ve been injured in a dog bite incident, it’s crucial to understand your legal options. At NK Law Group, our dedicated personal injury attorneys specialize in handling dog bite cases, including all of the tricky legal components associated with it. We meticulously assess liability and damages to maximize your compensation. Our team is committed to championing your rights and acting as a guide throughout the entire process, from initial consultation to the final settlement offer. 

For a comprehensive discussion of your case and to explore how we can assist you, please don’t hesitate to get in touch. You can reach us for a no-cost consultation by using our contact form or by calling (510) 519-9497. Your path to recovery and justice is our priority.

EXPERTLY REVIEWED BY

Naseer Khan, Esq.

January 29 2024

Top-rated personal injury attorney Naseer Khan, Esq. has over a decade of experience advocating for injury victims in California. As an award-winning attorney and a member of the American Association for Justice, Khan has a stellar track record of success and devotion to justice for his clients.