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Civil Code § 3342 – California’s Strict liability dog bite law

Maison Law can help you through the claims process if you’re injured when a dog bites you in California. Even if you’ve never been bitten by a dog before, it’s pretty easy to see why the aftermath is so traumatic and painful. That’s where the claims process can help, but only if you first understand how California law approaches dog bites. We’ll be there to explain your options and guide you through what comes next. Set up a free consultation today.

Entrance to Swanson-Centennial Dog Park in Turlock.
Entrance to Swanson-Centennial Dog Park in Turlock

How Does California Law Approach Dog Bites?

Obviously, nobody ever wants to be in a situation where they get injured by a dog biting them. But when it does happen, the claims process is going to be an important step in your recovery. And with a claim, the starting point is understanding how California law approaches dog bites.

The good news there is that the law (CIV § 3342) is pretty clear: in the vast majority of dog bite situations, a dog’s owner is responsible for the ensuing injuries or other losses because of “strict liability.”

But what does that actually mean for you? Basically, it means:

  • The dog’s owner can be held responsible for your injuries and losses, even if their dog has never bitten anyone before. You also don’t have to prove the owner knew their dog was dangerous or did something wrong.
  • There are some exceptions, though. Strict liability doesn’t fully come into play if you were:
    • Trespassing when the bite happened
    • Provoking the dog into biting you

With strict liability, a big hurdle with the claims process gets cleared fairly early on in the process. But if you want to get financial help for your injuries, you’ll still need to file a claim. And the strength of your claim usually rests on the information you have at your disposal.

Why Information is Still Important to Your Dog Bite Claim Even With Strict Liability

Strict liability answers the big question when it comes to who’s responsible for your injuries in a dog bite. But even if you have all the owner’s information and you weren’t trespassing or provoking the dog, you still need to support your claim with information and evidence.

However, your first priority is getting away from the dog and getting medical help for your injuries. Once that’s done, information that can help your claim usually include things like:

  • Pictures/videos your injuries and the location where the bite happened.
  • Names and contact information for anyone who saw what happened or helped you.
  • What you can remember about the dog, its owner, and what happened leading up to the bite itself.

Remember, you don’t need to put yourself at risk to collect evidence, and getting medical care should never take a back seat to documenting what happened. It’s also a good idea to report the bite to local authorities, especially Animal Services and police. They can investigate and create a report that documents the incident and usually gives you more information about the dog and owner based on an investigation.

That report is also an important piece of evidence for you, but it won’t be available right away. Along with that report, try to keep track of other things that will start making themselves available in the days/weeks after your incident like:

  • Your medical records, showing the treatment you’ve received and any follow-up care you’ve needed.
  • Pictures of your injuries as they heal, including bruising, stitches, infections, and scarring.
  • Any video footage of the bite, whether it came from security cameras, doorbell cameras, or someone’s phone.
  • Statements from anyone who saw what happened or helped you afterward.
  • Medical bills, pay stubs showing time missed from work, messages with the dog’s owner, insurance information, etc.

This probably sounds like a lot to manage, especially when you’re already trying to recover from your injuries. But these details can make a real difference when it comes to showing what happened, how badly you were hurt, and what the bite has cost you. And remember, our team can help you gather all this information, then put it together to make sure you get the financial support you need to recover from your injuries.

How Maison Law Helps Dog Bite Victims in California

As we’ve talked about, a dog bite can actually involve a lot of different scenarios. But whether you were bitten and got away from the dog quickly or faced a prolonged bite incident, what happens after can stay with you for a long time. That might mean pain, scarring, surgeries, or anxiety that lasts the rest of your life. There’s an answer to help you and your family in the short-term, and that lies in filing an injury claim.

You don’t have to get a lawyer to do that, but with everything else on your plate, having our California dog bite lawyers on your side can make things much easier. We do that by:

  • Looking at what happened, explaining how California law applies, and helping you figure out what makes sense for your situation.
  • Gathering the right information and evidence, then helping you put it together to support your claim.
  • Handling the back-and-forth with the dog owner’s insurance company, reviewing settlement offers, and working to make sure your losses aren’t overlooked.

Our goal is simple: to make things easier for you and your family while you focus on getting better. A dog bite can be painful, stressful, and disruptive enough on its own. Getting help with the legal side of things shouldn’t add to that burden. With our team, you can focus on doing what you need to do to heal. Set up a free consultation today.