In California, the law regarding dog bites is covered under Civil Code section 3342, commonly referred to as the “dog bite statute” or the “strict liability statute.” This statute holds dog owners strictly liable for damages suffered by anyone who is bitten by their dog while in a public place or lawfully in a private place, including the dog owner’s property.
Under this law, the injured person does not need to prove that the dog owner was negligent or knew that the dog was dangerous. The owner is automatically responsible for any damages caused by their dog biting someone, regardless of the dog’s past behavior or the owner’s knowledge of such behavior.
However, there are exceptions to this strict liability rule. For instance, if the person who was bitten provoked the dog or was trespassing on private property unlawfully, the dog owner may not be held liable. Additionally, certain working dogs, such as police or military dogs, may be exempt from liability if the bite occurred while the dog was performing its duties.
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