Who is Liable for a Dog Bite Injury Claim in Modesto, CA?

In the state of California, dog owners are held strictly liable for the actions of their pet. In fact, Civil Code § 3342 states that "the owner of any dog is liable for the damages suffered by any person who is bitten by the dog," as long as the victim was in public or lawfully on private property. Since the law imposes strict liability, it need not be proven that the dog had previously attacked another person and/or that the owner had knowledge of their dog's viciousness—as is true in several other states. Rather, it must only be proven that the victim was bitten or attacked by a dog without provocation. There are very few circumstances under which a dog owner could absolve themselves of responsibility, but it is true that they could defend themselves from civil liability if:

  • The victim provoked the dog before the attack
  • The victim was trespassing on private property
  • The victim knowingly assumed a risk of injury
  • The victim was unreasonable careless or reckless
  • The victim was otherwise breaking the law

If you or your child has been attacked by someone else's dangerous pet, you should not hesitate to seek damages for the harm that you have suffered. Medical bills can pile up quickly, especially if you have been forced to take time off of work, so it may be in your best interest to initiate swift legal action. Fortunately, the Modesto personal injury lawyer at the Law Offices of Steven A. Fabbro is here to help; all you have to do is call. When you contact our office at (209) 803-5117, your initial consultation won't cost you a thing. If you would prefer to reach us online, you can also submit a free case evaluation form online. Our firm has already recovered more than $300 million on behalf of our past clients, so you can trust that your case will be in good hands.

Categories: Dog Bites, Personal Injury

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