More than 4.7 million people in the United States are bitten by dogs on an annual basis and approximately one out of every six bites are serious enough to require medical attention. If you have you suffered injuries after being bitten or attacked by a dog it is important to know your legal rights. Owners of dogs, not the breed or the individual dogs are responsible when bites or attacks occur.

The legal consequences of a dog bite may include civil liability for compensatory and even punitive damages, destruction or conditional retention of the dog, and even criminal penalties. Liability for the bite might be compounded by liability for failure to vaccinate.

California Civil Code section 3342 imposes strict liability on the owner of a dog when the dog bites a person. In this State, a dog does not get "one free bite." The "dog bite statute" (Civil Code section 3342) states:

3342. 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.

Civil Code section 3342 represents a fundamental determination of legal policy by the California Legislature that the risk of a dog unexpectedly biting a person is to be borne by the person who has chosen to own that dog and thus create that risk for society, even when the owner is not at fault in any way and has no reason to know that the dog is vicious. The statute is "designed...to prevent dogs from being a hazard to the community." The dog owner has created an unavoidable risk for society and therefore should be held responsible for the consequences of that risk.

If you or a loved one has been or attacked or injured by a dog, contact us online or call us at (310) 651-1712 to set up a FREE consultation to discuss your legal options.