Dog Bites

California has specific dog leash laws meant to prevent dog attacks from happening. Unfortunately, the law doesn't always prevent injuries caused by aggressive dogs and negligent dog owners. Under California law, when a dog bites a person, the dog owner is liable for the injuries caused by their dog. The dog owner is responsible to pay for the bodily and damages caused by the dog.

Civil Code Section 3342 (a) provides:

The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner.

Dog bite claims are typically filed against the dog owner, renter or homeowner's insurance company, not the individual dog owner. Dogs who don't have a history of aggression will rarely need to be put down. 

If a dog bites you:

• Immediately seek medical attention. 
• Take photographs of your injuries. Take photographs/videos of the dog if possible. 
• Check if any witness saw the occurrence of the dog bite and gather the witness information (name, address, telephone, what they saw)
• If a video exists at a nearby business or residence, try to obtain a copy of the video (or ask to take a video the video footage by using your cell phone.) 
• Do not dispose of the clothing you were wearing at the time of the dog bite particularly if it has holes from the dog bite or blood-stains, and provide your clothes to your attorney as it may be needed for your case.

Call Lena Law immediately after your dog bite accident.