After a little child was bitten in the face by a pit bull, dog bites have once again hit the news. The victim’s injuries, which were not life-threatening, were treated, and the dog was given over to be put down. It is unclear if the dog had a history of aggressive behavior, but whether it did or not, this is a wonderful opportunity to discuss culpability in dog bite cases in California. Remember that if you suffer in a dog bite accident, you can contact Law Offices of Fernando D. Vargas at 909-982-0707 to request a free legal consultation.
Section 3342 of the California Civil Code is the key
Section 3342 of the California Civil Code deals with dog bites. It is made plain that whether the victim was lawfully in a private space or not, the dog’s owner is always responsible for any damages. For instance, the dog owner would be liable if someone was invited to a dog owner’s home and was bitten while there. However, the dog owner would not be responsible if someone entered the property without permission and was bitten by the dog while they were there since they were trespassing.
The dog’s previous conduct is irrelevant
Contrary to several other jurisdictions, California does not demand that the dog owner have knowledge that their dog was potentially dangerous. Even if a dog lived a wonderful life and never bit anyone, if the dog’s first bite resulted in harm, the owner is still responsible. Be aware that a dog can attack someone if it breaks their skin with its teeth, according to the law.
A dog that bites a human may be taken from the owner’s house and put to sleep, regardless of whether there is any blood drawn or if the attack results in wrongful death. A dog may be completely innocent in the eyes of its owner and yet be put to death after biting someone, or the dog may have been trained to attack and bite someone.
Dogs that might be hazardous must be registered as such
There are other dog bite-related laws and rules in California. The California Food and Agriculture Code focuses on public safety rather than liability in the case of a dog bite. A dog must be licensed accordingly if it is thought to be potentially hazardous and/or aggressive. When at home, a dog that may be harmful must be indoors or confined behind a sturdy fence. It must always be on a leash while it is outside the house.
Have you been injured by a dog?
The truth is that you probably have a personal injury claim against the dog’s owner if you were lawfully in the same area as the dog that bit you. To find out more, call Law Offices of Fernando D. Vargas at 909-982-0707. We are delighted to explain your choices in this matter and may provide a free legal consultation.
