You need three things to win your dog bite case and this video tells you what they are.
California dog bite case law.
Whether you own a dog in california or have a claim for a dog bite or other injury you ll want to understand the state s laws on owners civil and criminal liability when their animals hurt someone or have been aggressive read on for the details.
Civil code 3342.
Civil liability for dog bites.
The dog bite was a substantial factor in the injuries.
It states that the owner of a dog is liable for damages a person suffers due to a bite from the dog in a public place or a private place that the person was lawfully within.
In california a dog owner is responsible for any injuries caused when their dog bites a person.
In a dog bite case a settlement is an agreed upon resolution the dog s owner or more often their homeowner s insurance policy will pay compensation to the victim for their damages the victim in return agrees to drop their case against the owner of the dog.
The dog bite can occur in a public or private place including the dog owner s property.
California civil code section 3342 3324 5.
The defendant owned the dog the dog bit the victim in a public place or while the victim was lawfully on private property the dog bite hurt the victim and.
California dog bite law.
But what if the dog bite victim is another dog.
The damages were caused by a dog bite and the person bitten was in a public place or lawfully in a private place.
Return to california dog bite law and see the list of causes of action set forth there if the victim is an employee of the dog owner and is bitten on the job the victim s remedy is found under the labor code not the dog bite statute but the victim can sue the employer if the latter does not have workers compensation insurance.
California food and agricultural code section 31601 et seq.
Despite this when a dog bite victim is a canine the victim s owner can often recover damages.
California penal code section 398 399 5.
According to california law section 3342 the dog owner is liable for the damages it causes a victim who is bitten by the dog.
Phillips speaks from vast experience as the author of dog bite law and the only lawyer in the usa who has done.
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.
What does strict liability mean.
California law section 3342 outlines the legal processes in a dog bite case.
To prove a case under california s dog bite statute dog bite victims have to show.
Because states can change their laws at any time it s always a good idea to check the current california statutes using this.
California s dog bite law does not apply to situations where one dog bites another dog.
What is a settlement in a dog bite case.