California Strict Liability Law and Dog Bite Injuries
The California Strict Liability Law for Dog Bites Section 3342 is important because it creates what is known as strict liability.
Dog owners are liable for their dog's actions even for first-time bites. It doesn't matter that the dog was nice before the California dog bite incident. And it doesn't matter if the dog was restrained or not, or if the dog was on or off its owner's property.
For example, a plaintiff was wrapping a dog found lying in the road that had apparently been hit by a car when the dog bit her. The court found that the dog owners owed a duty to the plaintiff because the dog bit her in a public place (Davis v. Gaschler (1992) 11 Cal.App.4th 1392.).
If the dog bites, the owner is automatically liable. As noted later, the owner may still have defenses to reduce their liability. Also, there is immunity in certain situations for military and police dogs. Need help with your dog bite injury case? Contact our San Diego dog bite lawyer team today.