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

The law offices of Robert Bruce Arnold, Arnold Law Firm, disclaimer. The San Diego personal injury, wrongful death, auto accident, dog bite, trucking accident, car wreck lawyers, disability attorneys, Stevens Johnson Syndrome, Defective Guidant Pacemaker, Bextra, Vioxx, Celebrex, nursing home negligence, negligence, products liability, burn injury, brain injury, head injury. Lawyers provide the information in this site as a courtesy – the legal or other information presented on this site should not be construed to be either formal legal advice nor the formation of a lawyer or attorney client relationship.

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