A dog attack is a frightening and traumatic event, and the aftermath can be confusing. Many victims believe they must prove the dog had a history of aggression to have a valid case, but in California, that is not true. Our state operates under a “strict liability” dog bite law, a powerful protection for injured individuals.
This means a dog’s owner is legally responsible for the injuries their dog causes in most situations, regardless of whether the dog had ever bitten anyone before or showed vicious tendencies. This legal standard simplifies a crucial part of your dog bite claim. While you don’t have to prove the owner was negligent, securing full and fair injury compensation for a dog bite can still be complex. The team at Kohan & Bablove Injury Attorneys understands the nuances of this law and is here to help you hold the owner accountable.
Explaining California Civil Code Section 3342
The foundation of California’s victim-friendly approach to dog bites is found in a specific statute: California Civil Code Section 3342. This law sets our state apart from many others that require an injured person to prove a dog owner was negligent. Understanding this law is the first step in knowing your rights and pursuing a successful dog bite claim. It establishes a clear line of responsibility that is designed to protect the public.
What “Strict Liability” Means in Simple Terms
In simple terms, the “strict liability” dog bite law means that if a dog bites someone, the owner is financially responsible for the resulting injuries. It’s a straightforward rule: the owner is liable, full stop. You do not have to prove that the owner was careless, negligent, or failed to control their animal. As long as you were in a public place or lawfully on private property and did not provoke the dog, the owner is responsible. This removes a significant burden from the victim, allowing the focus of the dog bite claim to be on the extent of your injuries and damages.
Why the Dog’s Past Behavior Doesn’t Matter
Many states follow a “one-bite rule,” where an owner is only held responsible if they knew their dog was dangerous. California is different. Under Civil Code Section 3342, the common defense, “My dog has never bitten anyone before!” is legally irrelevant. It does not matter if the dog had a perfectly clean record or was considered a friendly family pet. The law holds the owner accountable for the bite itself, not for their prior knowledge of the dog’s potential for aggression. This prevents owners from avoiding responsibility for the first time their dog causes harm and makes it easier to secure injury compensation for a dog bite.
The Two Key Conditions for a Strict Liability Claim
While California Civil Code Section 3342 provides powerful protection for victims, the “strict liability” dog bite law is not unconditional. To have a valid claim under this statute, two key conditions must be met. These requirements help determine whether the owner is automatically responsible for the harm their dog caused. The team at Kohan & Bablove Injury Attorneys can help you evaluate if your situation meets these criteria.
The Bite Occurred in a Public Place or Lawfully on Private Property
First, your location at the time of the bite is critical. The law applies if you were bitten in a public place, such as a park, sidewalk, or beach. It also applies if you were “lawfully on private property,” which includes being an invited guest at someone’s home, a mail carrier delivering a package, or a contractor performing work. The law generally does not protect individuals who were trespassing or on the property for an unlawful purpose when the bite occurred.
You Did Not Provoke the Animal
Second, the victim must not have provoked the dog. This means you were not willfully tormenting, abusing, or teasing the animal in a way that would naturally cause it to react defensively. It is a common tactic for an owner’s insurance company to argue that the victim provoked the attack to avoid paying a dog bite claim. However, unintentional actions, like accidentally tripping over a sleeping dog, may not legally count as provocation. Proving that you did not provoke the dog is a key step in securing the injury compensation for a dog bite you deserve.
Compensation You Can Recover After a Dog Bite
A dog bite leaves more than just physical wounds; the financial and emotional costs can be significant. Under California’s “strict liability” dog bite law, victims have the right to seek compensation for the full range of damages they have suffered. A successful dog bite claim is not just about covering the initial emergency room bill—it’s about accounting for every way the attack has impacted your life. At Kohan & Bablove Injury Attorneys, we work diligently to ensure all your losses are documented and included in your demand for fair compensation.
Medical Expenses (Including Plastic Surgery for Scars)
This is the most direct economic damage. Your claim for injury compensation for a dog bite should cover all past and future medical costs related to the attack. This includes:
- Emergency room visits and ambulance fees.
- Stitches and wound care.
- Medication, including antibiotics to prevent infection.
- Follow-up appointments with specialists.
- Physical or occupational therapy.
Crucially, this also includes the estimated cost of future cosmetic procedures, like plastic surgery or scar revision therapy, to reduce the appearance of permanent scarring and disfigurement.
Lost Wages
If your injuries prevent you from returning to work, you are entitled to be compensated for the income you lose during your recovery. This includes not only your regular salary but also any lost overtime, bonuses, or commissions. If the injury results in a permanent disability that affects your ability to perform your job long-term or forces you into a lower-paying profession, your claim can also include compensation for this “loss of future earning capacity.”
Pain, Suffering, and Emotional Trauma (PTSD)
The non-physical harm from a dog attack is often the most profound. This category of damages, known as “pain and suffering,” provides compensation for the physical pain, emotional distress, and psychological trauma you endure. This includes anxiety, fear, and sleep disturbances. Many victims, especially children, develop a lasting phobia of dogs (cynophobia) or Post-Traumatic Stress Disorder (PTSD). While no amount of money can erase this trauma, the law recognizes it as a very real and compensable part of your harm.
How Kohan & Bablove Handles Dog Bite Cases
Even with California’s helpful “strict liability” dog bite law, securing the compensation you deserve can be a fight. Insurance companies are skilled at minimizing payouts, and the legal process can feel overwhelming while you are trying to heal. At Kohan & Bablove Injury Attorneys, we stand up for victims. Our approach is designed to counter insurer tactics and ensure every aspect of your dog bite claim is handled with expertise and compassion.
Dealing with Homeowner’s Insurance Companies
Most dog bite claims are paid by the owner’s homeowner’s insurance policy, and these companies are not on your side. Their adjusters are trained to minimize payouts, often by arguing you provoked the dog or by questioning the severity of your injuries. Our attorneys immediately take over all communication with the insurer. We build an undeniable case based on California Civil Code Section 3342 and the facts, protecting you from their tactics and aggressively negotiating for a fair settlement.
Proving the Full Extent of Your Damages
Securing full injury compensation for a dog bite means looking beyond the initial medical bills. Our team works with medical and financial experts to meticulously document every loss. This includes the cost of future plastic surgery for scarring, therapy for emotional trauma like PTSD, and any long-term impact on your ability to earn an income. We leave no stone unturned in proving the true, comprehensive value of your claim to ensure you have the resources needed for a complete recovery.
Free, Confidential Case Evaluation
You don’t have to navigate this challenging time alone. Kohan & Bablove Injury Attorneys offers a completely free and confidential case evaluation. This is your opportunity to speak with a compassionate legal professional who will listen to your story, explain your rights under California’s “strict liability” dog bite law, and answer your questions without any pressure. We are here to provide the clarity and support you need to decide on the best path forward for you and your family.
Kohan & Bablove Injury Attorneys was founded by three former defense attorneys who were tired of helping insurance companies and big corporations save money by paying the least amount possible to resolve claims. We wanted to open a law firm where we could use our years of experience handling the toughest and largest claims to benefit the individual. Each of us were tired of being cogs in the wheel that focused on paying the least amount possible to injured persons regardless of injuries or the validity of their claims.
