California’s Strict Liability Law: Why Dog Owners Are Always Responsible
If you’ve been hurt by a dog, you’re probably feeling more than just physical pain. There’s a good chance you’re dealing with anxiety, unanswered questions, and even financial worries. Maybe you’re wondering why such an incident happened in the first place, or who’s responsible for the consequences you’re left to manage. It’s overwhelming, and you shouldn’t have to face this alone.
One of the most important things to know is that California has what’s called a strict liability law when it comes to dog bites. This means that in most cases, the dog’s owner is held responsible for the injuries their dog causes. But what does that actually mean for you? And how can you move forward?
The experienced San Bernardino dog bite attorneys at William D. Shapiro Law, Inc., can help you after you’ve been hurt by a dog. We’ll meet you in a free consultation and help you explore your rights so that you can move forward into a better future after suffering a dog bite injury.
What Is California’s Strict Liability Law for Dog Bites?
California Civil Code Section 3342 is the backbone of strict liability when it comes to dog bites. The law clearly states that if a dog bites someone, the owner is legally responsible for the harm, no matter how careful they may have been to prevent it.
This law applies whether the dog has a history of aggressive behavior or if it’s the first time it’s bitten anyone. In some states, dog owners are only held responsible if their pet has a history of aggressive behavior. But that’s not the case in California. Here, if a dog bites someone and causes injury, the owner is held accountable—plain and simple.
However, this law only really applies to injuries caused by bites. If a dog knocks you over and you’re injured as a result, you may still have a case, but it would be a different kind of case – one that is based on negligence rather than strict liability.
A Closer Look at Strict Liability
Here’s the key takeaway from strict liability laws in California:
- The owner does not get a “free pass” for a first bite. They can’t argue they didn’t know their dog was dangerous.
- You don’t have to prove negligence. It doesn’t matter if the owner was being extra careful to restrain or control their dog. If a bite happened, they’re responsible.
- The law prioritizes safety. California holds dog owners accountable to reinforce the importance of preventing such incidents in the first place.
Does Strict Liability Apply to All Situations?
While California’s strict liability law simplifies things, there are some exceptions. For example:
- Trespassing: If you were bitten while unlawfully on someone else’s property, the strict liability rule might not apply. Essentially, you need to have been on the property legally, such as a guest, a postal worker, or a delivery driver.
- Provocation: If the dog bite occurred because the dog was provoked, such as being hit or teased, you may still have a case, but proving liability could become more complicated.
- Government K-9 Units: Dogs used by police or military personnel in the line of duty are often not subject to strict liability rules.
If you’re uncertain whether your specific situation qualifies, it’s always best to consult an experienced personal injury attorney who can evaluate the details of your case.
Why Does California Have Such a Strict Rule?
You may wonder, why doesn’t California give owners the benefit of the doubt? After all, dogs can sometimes act unpredictably.
It’s about keeping people safe. Dog bites can lead to serious injuries—not just physically, but emotionally too. Strict liability laws push dog owners to take the necessary precautions, like proper training, secure fencing, or keeping their pets leashed in public, to prevent these incidents from happening.
A dog bite can be a deeply traumatic and life-changing event. The impact goes far beyond the physical wounds—it can take a toll on your emotional health and financial stability. But you don’t have to face this alone, and you shouldn’t have to bear the consequences of someone else’s negligence.
California’s strict liability law is designed to protect you, and so are we. At William D. Shapiro Law, Inc., we’re here to guide you through every step of the process. We’ll help you understand your rights, explore your options, and fight tirelessly to get you the compensation you deserve.
Contact Our San Bernardino Dog Bite Injury Attorneys Today
At William D. Shapiro Law, Inc., we have decades of experience helping people in California who have suffered serious injuries, including those caused by dog bites. Our personal injury law firm is here to walk you through every step, from understanding your rights to securing the compensation you deserve.
Dog bite claims may sound straightforward, but they can quickly become complicated. Without legal representation, you might find yourself facing challenges like insurance companies minimizing your injuries or arguments from the dog owner’s side.
If you or a loved one has been seriously injured by a dog, don’t hesitate to reach out. Call our personal injury law firm at 909-890-1000 to schedule a free consultation.
William Shapiro has handled catastrophic injury/wrongful death actions for over 4 decades obtaining numerous seven and eight-figure verdicts and settlements. Honors include: 2022, 2016 and 2013 OCTLA “Top Gun” TLY; 2022 CAOC TLY Finalist; 2018 “Lifetime Achievement Award” Western State College of Law, 2021 & 2017 Best Lawyers, Lawyer of the Year; 2016 WSBCBA “TLY”; 2015 CAL-ABOTA “TLY”; 2014 “TLY” Consumer Attorneys of CAOIE; 2011 “Hall of Fame,” Western State College of Law; Fellow, American College of Trial Lawyers; International Academy of Trial Lawyers; International Society of Barristers; Diplomat, American Board of Trial Advocates (ABOTA); National Board of Trial Advocacy; specialist in Trial Advocacy, State Bar of California; “Best Lawyers in America” and “Tier 1 Best Law Firms” U.S. News; AV Preeminent, Martindale-Hubbell; SuperLawyers; Past President of: San Bernardino/Riverside chapter ABOTA; San Bernardino County Bar Association; Consumer Attorneys of Inland Empire; The Joseph. B. Campbell American Inn of Court; Consumer Attorneys of California; IE ; National Sec of ABOTA, Adjunct professor, Western State College of Law. Learn more here.