Dog Bite Statute - California Civil Code Section 3342

California's dog bite statute, basically overrules the common law rule "scienter" (i.e., your own knowledge of the animal's dangerous propensities by biting someone earlier). California Civil Code section 3342 states:

3342. (a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner.
(b) Nothing in this section shall authorize the bringing of an action pursuant to subdivision (a) against any governmental agency using a dog in military or police work if the bite or bites occurred while the dog was defending itself from an annoying, harassing, or provoking act, or assisting an employee of the agency in any of the following:
(1) In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect's involvement in criminal activity.
(2) In the investigation of a crime or possible crime.
(3) In the execution of a warrant.
(4) In the defense of a peace officer or another person.
(c) Subdivision (b) shall not apply in any case where the victim of the bite or bites was not a party to, nor a participant in, nor suspected to be a party to or a participant in, the act or acts that prompted the use of the dog in the military or police work.
(d) Subdivision (b) shall apply only where a governmental agency using a dog in military or police work has adopted a written policy on the necessary and appropriate use of a dog for the police or military work enumerated in subdivision (b).

If you were bit by a dog in California, contact our Los Angeles dog bite attorneys at 888-400-9721. Los Angeles dog bite lawyers are waiting for your telephone call.

Home Owners are Strictly Liable for California Dog Bites

Some states have a one bite free rule. This means a dangerous animal like a dog can bite someone and basically receive a "get out of jail free card". Not so in California. There is no one bite rule. This means if your dog bites someone on your property, you pay no matter what. Even if someone is bitten by your dog while off of your property, you are strictly liable in tort.

This is called strict liability and you need to know about it, so you can take measures to assure your dog does not bite an innocent victim like a small child. Call our Los Angeles personal injury attorneys at 888-400-9721 on our attorney hotline now to learn about yourl egal rights!