“Civ.C. sec. 3342[a], California’s “dog bite” statute, imposes a duty of care on every dog owner to prevent their dog from biting persons while in a public place or lawfully on private property. “[T]he statute is designed to prevent dogs from becoming a hazard to the community by holding dog owners to such a standard of care, and assigning strict liability for its breach. Under Section 3342[a], dog owners are strictly liable regardless of whether the dog was previously known to be dangerous. [Owners of domestic animals are strictly liable at common law for injuries caused by their animals if they had prior knowledge of their animal’s dangerous tendencies. Where the dog does not fall within the common law strict liability rule, the owner may nonetheless be liable based on principles of ordinary negligence.]”
“The statute of limitations on an action under the dog bite statute is two years. [The Section 335.1 two-year limitations period took effect January 1, 2003, replacing the one-year limitations period of former CCP sec. 340[3]. The analysis in cases decided under former § 340[3] should apply equally to the current statute.”
“Plaintiff may recover for all harm proximately caused by the dog bite. Punitive damages are available where plaintiff shows by clear and convincing evidence that defendant was guilty of oppression, fraud or malice.”
[California Practice Guide: Civil Procedure Before Trail Claims & Defenses [citations to primary sources omitted]]
