Dog Bite Attacks and Injuries

Dog attacks are a more common and a more devastating problem than most people realize. As with most trends, good or bad, California leads the nation in both the number of dog attacks and dog attack-related fatalities. 

In California, the primary statute for dealing with dog bit cases is civil Code section 3342 (the "Dog Bite Statute"). Under that section, the dog owners face strict liability when their dog bites a person "regardless of former viciousness of the dog or the owner's knowledge of such viciousness." A victim of the dog bite must who only that the dog bit him or her and caused injury requiring medical attention and care. One that is established, the defendant must pay for all the damages caused by hi or her dog.  The strict liability rule eliminates the need to prove fault and significantly simplifies the claim. 

California's courts have clearly held that section 3342 is not limited only to "bites" causing puncture wounds or other physical injury directly related to the dog having "bitten" the victim. Liability is found in cases where the dog "indirectly" injuries a person, by, for instance, pulling a person by his pants and off the ladder, even if the dog's teeth never touched that person's skin. 

It is important to note that Civil Code section 3342 only applies of the victim was in a public place or "lawfully in a private place" at the time of the attack. Because most dog attacks take place on the dog owner's property, trespassing is one of the favorite defenses of insurance attorneys. Thus, if you have been attacked by a dog, it might be critical to make sure that you obtain statements from every person who witnessed the incident and who can testify that you did not commit a trespass.