Personal Injury Attorney Questions | Dog Bite Law and VIctim RIghts.
What happens if a person is bitten by a dog and sustains severe injuries as a result? The victim is entitled to compensation under the law which has been codified under California Civil Code, Section 3342(a). This section states that “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.” I have been able to obtain just compensation for many of my clients who have been bitten by a dog. The compensation includes payment for all medical expenses incurred and those that will be incurred in the future (such as scar revsion surgery), pain and suffering, as well as emotional distress and psycholgical injuries resulting from the bite. Keep in mind that the statute limits liability only to the owner, and therefore those who are in possession of a dog (i.e. caretaker) and is not the owner, there must be a showing that the caretaker knew or should have known of the dangerous propensities of the dog before liablity can be placed upon the caretaker (CACI Jury Instruction 462).
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