California Civil Code 3342: What the Means For You
If a dog bites you, California Civil Code 3342 places responsibility for the act clearly on the owner. In assigning accountability, the statute prevents dogs from becoming a hazard to the community. As a dog bite lawyer, we know that this places the burden of the animal’s conduct on those own a dog. It also reduces any conflicts and long drawn-out legal claims by defining liability. Most of the time victims are a family member, friend, or neighbor of the owner.
The code also describes the conditions under which the owner retains responsibility. You must have been bitten in a public place or lawfully in a private place. The term “lawfully” means you are on a property to perform duties “imposed … by the laws of hits state.” Or by “invitation, express or implied, of the owner.” For example, lawful actions include delivering pizza to the owner’s address, walking on the sidewalk, or attending a party.
Exceptions to the Dog Bite Law | Dog Bite Lawyer
Exceptions include bites from military or police dogs that were defending their owners from your “annoying, harassing or provoking” acts, or assisting government agency employees in executing a warrant, investigating a crime, or apprehending a suspect.
Dog owners must take “reasonable and necessary precautions as required to protect all persons from physical harm” of their animals. In other words, a dog that runs around its yard unleashed and then jumps the fence to bite you in your yard violates the statute — b the owner did not take the reasonable precaution of attaching a leash.
Dog Bite Victims’ Rights
There are a lot of Orange County residents that own dogs. Most dog owners are responsible, but there are others who are negligent. Dog enclosures are inadequately secured, dogs are not properly restrained and more. We know, as a dog bite attorney, that this can result in a dog bite.
Each year in California there are hundreds of people who experience some type of dog bite. Several of these may do little or no harm, but there are also many other dog bites that result in serious physical and emotional injury.
Any dog bite that occurs in Orange County is a legal issue of liability. This means that the situation that caused the dog bite matters less than the fact that someone was bitten. The dog’s owner is always responsible.
Dog bite responsibility involves compensating victims for any lost wages, personal pain and suffering as well as medical expenses and more. The dog’s owner can be made responsible for any injury or suffering the person bitten by their dog experiences.
In the case of a dog bite, the compensation won’t be coming directly from the dog’s owner. It will actually be coming from the dog owner’s home insurance company. The insurance company will provide an adjuster to offer a settlement. The goal of an insurance adjuster is to save the insurance company as much money as possible with each settlement. When a person has suffered a serious dog bite they will probably be entitled to more than what an insurance adjuster will be offering them.
This is a time when a dog bite victim needs to know what is fair compensation for their injuries. It’s time they speak with a knowledgeable dog bite attorney.
Suffering from injuries? Contact a dog bite attorney today!
We know what is fair to expect in a dog bite case. We’ll know how to handle an insurance company to get any Orange County resident the compensation they deserve. You need to know your rights. If you or anyone you know has been bitten by a dog it’s important to contact us. You’ll have questions and we’ll have answers.
