Sacramento Dog Bite Lawyer

Free consultations: (916) 476-9781

Sacramento Personal Injury Lawyer Michael Rehm provides representation to all victims of dog bites. Dog bite can lead to serious injuries and the need for an attorney that understands the law surrounding dog bites is crucial. The law is outlined below:

California Civil Code 3342:

(a) 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.

Elements:

• Dog Owner –
  1. Owner – does not require knowledge of the dogs viciousness
  2. Landlord or Keeper- does require knowledge
• Dog Bite – only applies to biting, not other acts. If there is no bite (scratch), there is no strict liability. Negligence possibly.
  1. Dog Bite – does not have to leave wound or puncture skin.
• Public Or Private Property –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.
  • Whether the dog is restrained or loose is not relevant.

• Causation & Damages – strict liability offense, meaning if the above are satisfied, the owner of the dog is liable for any injuries sustained because the dog bite. You do not have to show negligence on the owner of the dog.

Police or Military Dogs – statute does not apply unless the agency using the dogs has no written policy in regards to the necessary and appropriate use of the dog, a.        or the person that was the victim of the bite “was not a party to, nor a participant in, nor suspected to be a party to or a participant in, the act or acts that prompted the use of the dog in the military or police work.”

Statute of Limitations- two years from the date of the injury.

In summary, the owner of the dog is strictly liable for the acts of the dogs, no matter how many precautions the owner established.  It is not a defense for the owner, that the dog was on a leash or that the owner was unaware the dog would bite in general. If you have suffered an injury from a dog bite, call Sacramento Dog Bite Attorney Michael Rehm at (916) 476-9781 to determine what options you have.