The state of California follows the statutory strict liability when it comes to dog ownership, and this would make the dog owner liable for any injuries that their dog can cause the moment that their dog ownership begins. There are instances where the dog owner can be free from liability, such as provocation of the dog, when the dog bit as part of their duty, and many others.
Nevertheless, when a dog bites, the victim is not required to prove any negligence on their part, as according to the California Civil Code section 3342 (a) the owner will be held liable for any type of damages or injury that the victim suffer after being bitten by the dog…regardless of the former viciousness of the dog or the owner’s awareness of their dog’s aggressive behavior. This means that the dog owner will be held liable once their dog bites, regardless of whether it is their first one time or many times. Despite this strict dog bite laws in California, however, only one percent of personal injury claims have won compensation for their victims. This is often viewed as unjust and oversteps not only the California Constitution but also the intent of the legislature to protect their citizens.
The Mokaram Law Firm website states that a dog owner can be held accountable for their dog’s aggressive behavior according to any law that best suits their particular circumstance. This way, the personal injury claim will be more personal and chances of winning compensation for the claim will be higher. The great thing about the state of California is that they do not permit and classification of dogs as “vicious” or “potentially dangerous” merely on their breeds, and the majority of places are starting to shift their “dangerous dog laws” according to the particular acts of the dog and the actions (or inactions) of the dog’s owners.Read More