One-Bite Dog Rule is Inapplicable in California

 Posted on November 08, 2016 in Dog Bites

Annually, an estimated 4.5 million dog bites occur each year in the United States. Many attacks result in fatalities and serious lifelong injuries. As the canine population increases, so does the need for legal protection and liability laws about an unprovoked assault by an animal. Many states have opted to give a second chance to those that have only bitten in a single isolated incident. However, California has chosen to eliminate the “one-bite rule” and hold owners strictly liable for the behavior of their furry companions.

California Dog Bite Laws

Once ownership begins between the dog and master, strict liability initiates. Even if the dog has no prior known history of viciousness or unprovoked bites, the owner becomes liable. The statute additionally extends to keepers and handlers of the canine. However, in these cases, previous knowledge of aggressive behavior must exist. Damages may be awarded to any victim of a dog bite if sustained in:

• A public place; or
• A private property where the victim has authorization.

Advantages to the Law

The statute goes on to explain that to prevent dogs from being a hazard to the community; liability is not limited to dog bites, but to other destruction caused by canines. Liability is:

• Not restricted to the owner of the dog;
• Applicable to any injuries sustained by the canine; and
• Inclusive of property damage.

For a dog-bite victim to become successful in legal actions for dog bites, we work diligently to prove the following are true:

• The defendant owned the dog;
• The bite occurred in a public setting or an area in which our client had legal authorization;
• The attack was unprovoked;
• The victim attained bites by the canine in question; and
• The bites resulted in injuries.

If You Have Been Bitten

After you or your child have become the recipient of an unprovoked attack, physical pain and emotional shock may become overwhelming. Even if the wounds seem minor initially, infection and other secondary injuries may still surface as a result of the attack. Therefore, it is important to protect you and your family by retaining legal counsel. You should not foot recovery costs because of the aggressive behavior of a canine and the negligence of its owner.

If you would like to explore your legal options with a proven and experienced San Jose, CA dog bite injury attorney, contact The Law Office of John J. Garvey, III today at 408-293-7777 to schedule your risk-free initial consultation.

Sources:

https://www.cdc.gov/features/dog-bite-prevention/

https://www.animallaw.info/topic/table-dog-bite-strict-liability-statutes

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3342