A dog owner may say, “He has never bitten anyone before.” That statement does not necessarily end a California dog bite claim. In this video, attorney Norman Gregory Fernandez explains why the familiar “one free bite” idea can mislead injured people and their families.
California dog bite law generally does not require a prior bite
Under California Civil Code section 3342, an owner generally may be responsible when a dog bites a person in public or while the person is lawfully on private property. The rule does not ordinarily depend on proof of an earlier bite or the owner’s knowledge of aggressive behavior. This is commonly described as strict liability.
That does not mean every encounter produces an automatic recovery. Ownership, the bite, the location, resulting harm and any applicable defenses still need to be evaluated. A claim against someone other than the owner may require a different legal analysis.
Where and how the bite happened still matter
Record the precise location and why you were there. A person invited into a home, a customer at a business and someone entering restricted property can present different factual questions. Preserve messages, appointment information or other records that help explain the circumstances.
Give an accurate account of the interaction with the dog, including events before the bite. Questions about provocation, occupational risks or police and military dogs can require separate analysis. Do not assume an exception applies simply because someone mentions it, and do not leave difficult facts out of a consultation.
A dog injury without a bite is a different question
A dog can knock a pedestrian down, run into a bicycle’s path or contribute to a motorcycle crash without biting anyone. The dog bite statute is not a blanket rule covering every injury involving a dog. Negligence and other potentially applicable rules may need investigation.
Describe exactly what the animal did and what caused the injury. Identify the owner, handler and witnesses if possible. Photographs of the location, leash, gate or fence may help explain the event, but never approach an unsafe animal or enter private property to gather evidence.
Preserve practical evidence after a dog bite
Seek appropriate medical attention and retain treatment records and bills. Photograph visible injuries over time without altering the originals. Keep damaged clothing, witness contact details, communications with the owner and any animal-control report number.
Ask for the owner’s identifying information and available insurance details. A homeowner’s or renter’s policy may warrant review, but coverage cannot be assumed. Avoid accepting a quick payment or signing a release before understanding the injuries and the proposed agreement.
Get an individual evaluation
Scarring, follow-up care, missed work and the effect on daily life can be important to a claim. An attorney must evaluate the evidence connecting those losses to the incident. Neither a dog’s peaceful history nor a serious injury alone resolves all legal and insurance questions.
The Law Office of Norman Gregory Fernandez represents injured people throughout California. Call 800-816-1529 for a free consultation about a serious dog bite injury.
General information, not legal advice. Results depend on the facts and applicable law. Viewing this article does not create an attorney-client relationship.
About Attorney Norman Gregory Fernandez
