Luật sư chuyên về các vụ cắn người do chó gây ra tại Oakland

No. California Civil Code § 3342 makes a dog owner strictly liable for a bite whether or not the dog had ever bitten anyone, and whether or not the owner knew the dog was dangerous. The statute applies when you are bitten in a public place or while lawfully on private property, including the owner’s own property.

Two years from the date of the bite, under California Code of Civil Procedure § 335.1. If a government agency is involved, such as a police dog or a bite on public property, a written claim is generally required within six months, so get advice quickly.

California uses pure comparative fault. Your recovery is reduced by your share of responsibility but is never barred outright, even if you were mostly at fault. Insurers routinely overstate a victim’s role, which is why evidence gathered early matters.

Civil Code § 3342 covers bites specifically. If a dog knocked you down, chased you into traffic, or caused a fall without biting, the claim runs on ordinary negligence instead, where you show the owner failed to use reasonable care. Both theories can be pursued together.

Get medical care first, then report the bite to your local animal control or county health department so there is an official record and the dog can be observed for rabies. Photograph the injuries and the location, get the owner’s name and insurance details, and collect witness contacts.

Renters liability coverage usually applies. A landlord can also be responsible in narrower circumstances, most often where the landlord knew the dog was dangerous and had the ability to remove it from the property.