Habbas & Associates

Because Experience Matters

CALIFORNIA DOG BITE & ANIMAL ATTACK LAWYER | ATTORNEY

The Centers for Disease Control (CDC) estimates that nearly 5 million people get bitten by dogs annually nationwide. California's pro-rated share would be approximately 1 million Californians bitten each year. It is the number two cause of emergency room visits for children according to the CDC.

Most dog attacks result in minor injuries. Dogs are often protecting their territory and nip at an ankle. However, some dog attacks result in serious injury including scarring and disfigurement.

California's Dog Bite Law

California law specifically makes it the owner's responsibility to pay in the event their dog attacks a third party even if the owner was not negligent. This is known as strict liability. No prior knowledge is required by the owner that the dog is prone to biting and no negligence is required on the part of the owner to be responsible for a dog bite.

California Dog Bite Statute

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).

3342.5. (a) The owner of any dog that has bitten a human being
shall have the duty to take such reasonable steps as are necessary to
remove any danger presented to other persons from bites by the
animal.

(b) Whenever a dog has bitten a human being on at least two
separate occasions, any person, the district attorney, or city
attorney may bring an action against the owner of the animal to
determine whether conditions of the treatment or confinement of the
dog or other circumstances existing at the time of the bites have
been changed so as to remove the danger to other persons presented by
the animal. This action shall be brought in the county where a bite
occurred. The court, after hearing, may make any order it deems
appropriate to prevent the recurrence of such an incident, including,
but not limited to, the removal of the animal from the area or its
destruction if necessary.

(c) Whenever a dog trained to fight, attack, or kill has bitten a
human being, causing substantial physical injury, any person,
including the district attorney, or city attorney may bring an action
against the owner of the animal to determine whether conditions of
the treatment or confinement of the dog or other circumstances
existing at the time of the bites have been changed so as to remove
the danger to other persons presented by the animal. This action
shall be brought in the county where a bite occurred. The court,
after hearing, may make any order it deems appropriate to prevent the
recurrence of such an incident, including, but not limited to, the
removal of the animal from the area or its destruction if necessary.

(d) Nothing in this section shall authorize the bringing of an
action pursuant to subdivision (b) based on a bite or bites inflicted
upon a trespasser, or by a dog used in military or police work if
the bite or bites occurred while the dog was actually performing in
that capacity.

(e) Nothing in this section shall be construed to prevent
legislation in the field of dog control by any city, county, or city
and county.

(f) Nothing in this section shall be construed to affect the
liability of the owner of a dog under Section 3342 or any other
provision of the law.

(g) A proceeding under this section is a limited civil case.

Free Case Evaluation

If you or a loved one have been injured in an animal attack, please contact us toll-free at (866) 995-9993 for a free case evaluation. There is no fee unless we obtain money for you.