LEGAL RECOVERY
California’s primary statute for dealing with dog bite cases is Civil Code § 3342
The state of California follows a “strict liability” doctrine which states that the owner of the dog in liable for any damage caused by their dog regardless of whether or not the dog has ever bitten anyone in the past.
There is no “free bite” rule for dog owners or keepers in California. The dog bite victim need only show that the dog bit him or her and caused injury requiring medical attention and care.
Once that is established the owner of the animal must pay for all the damages caused by his or her dog.
Legal recovery for animal bites and or attacks begins with determining who owns the animal. If a stray dog bites you, you will have little chance to recover because a claim must be filed with a dog owner and or handler.
If the owner is identified, and the statutory requirements above are met, the victim may recover:
- Medical expenses: such as first aid, emergency care, hospitalization, plastic surgery, etc.
- Future medical treatment: including scar reduction and or plastic surgery
- Loss of earning from work: this can include loss wages for a parent or caregiver who cared for the child after injury
In addition the injured party would have a claim for their general damage i.e.:
A claim for the injury itself and for pain and suffering caused by the injurier.
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The Law Office of Robert Bruce Arnold
Injury and Insurance Lawyers
Established 1980
2329 India Street
San Diego, CA.
Tel (619) 233-1096
Fax (619) 233-1607
Toll Free 1-888-227-2771
We cannot represent or accept clients from states where marketing materials in this website do not comply
with local ethic rules of said state. This site is not intended to and does not create an attorney client relationship and does
not constitute legal advice. Links in this site are not guaranteed to be accurate or up to date and are not endorsed or guaranteed
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