“California follows the common law rule that a person who keeps a wild animal or a domestic animal with a known dangerous tendency is strictly liable for the harm it causes.”
“The ‘dog bite statute’ [Civ.C. sec. 3342] provides a separate strict liability claim against owners of dogs who bite people. Plaintiff need not show the dog had a vicious tendency or that its owner knew of it.”
“Where an animal is not of the type that justifies strict liability, the owner may nonetheless be liable based on principles of ordinary negligence.”
“The statute of limitations on a common law strict liability claim for animal injuries is two years. Plaintiff may recover for all harm proximately caused by the animal owned or kept by defendant. 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]]
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