Core Legal Framework

Strict Liability Standard

• California Civil Code § 3342 establishes that dog owners are liable for damages when their dog bites someone, regardless of:
• The dog’s previous behavior or lack of vicious tendencies
• Owner’s preventive measures or precautions
• First-time incidents

Essential Elements for Claims

• Defendant owned the dog
• Bite occurred in a public place or while lawfully on private property
• Victim suffered harm
• Dog was a substantial factor in causing harm

Time Limitations

• Two years from date of injury to file a claim
• One year from injury discovery if not immediately apparent

Legal Exceptions

Owner Liability Exemptions:

• Trespassing victims
• Provocation of the dog
• Professional assumption of risk (veterinarians, groomers)
• Military/police dogs performing official duties

Dog Classifications

Potentially Dangerous Dogs:

• Two attacks on people/animals within three years
• One bite causing minor injury

Vicious Dogs:

• Caused severe injury or death
• Multiple attacks within three years

Owner Obligations

48-Hour Requirements:

• Provide name and contact information
• Supply dog’s license information
• Share vaccination records

Compensation Recovery

Recoverable Damages:

• Medical expenses
• Lost wages
• Pain and suffering
• Property damage

Special Considerations

Injury Definition:

• Skin breakage not required for valid claim
• Bruising and nerve damage qualify

Location Considerations:

• Public places: Full liability applies
• Private property: Victim must be lawfully present

Euthanasia Provisions

• Courts may order euthanasia when:
• Dog has rabies
• History of severe aggression exists
• Dog was bred/trained for fighting

Insurance Implications

• Most homeowners/renters policies cover dog bites
• Insurance companies often attempt to minimize payouts
• Professional legal representation recommended for fair compensation