If you’ve been seriously injured by a dog attack in California, you can collect compensation from the owner of the dog, or anybody else that had custody or control of the animal at the time of the attack. As long as you were lawfully on the property, you can make a claim under California’s “strict liability” code for pain and suffering, emotional distress, lost earnings, and other damages. If you’ve been a victim of a dog bite in California, it’s important that you speak to an experienced California dog bite attorney, as soon as possible, to discuss your claim.
California Holds Dog Owners Strictly Liable
California Civil Code §3342 imposes strict liability for dog bites in California. This means that a dog owner is responsible for injuries caused by their dog, even if the dog has no history of being aggressive and has never bit anybody before. This applies not just to the dog owner, but to any person that’s in charge of the dog at the time of the attack. If the attacks take place at somebody’s home, the homeowner or renter’s insurance policy will cover the loss, and a business’s insurance will similarly provide coverage. Trespassers are excluded from collecting under strict liability, but can make a claim if an owner intentionally prompted his dog to attack you, even though you posed no imminent risk.
When Would I Be Barred From Suing?
California’s strict liability applies only when an innocent person is attacked by a dog. If the owner can show that your injury was a result of your teasing or abuse of their dog, your claim will be barred. The best way to assess the strength of your claim is to speak to a California dog bite lawyer as soon as possible after a dog attack.
If you or a family member have recently been bitten by a dog and are wondering what your options are, give us a call at (209) 600-4389 to set-up a free consultation. At Silva Injury Law Inc., our philosophy of legal practice is one of individual attention to each client. We focus on promoting healing through compassionate advocacy.