Definition
California Civil Code Section 3342 is the state's dog bite strict liability statute, which provides that the owner of any dog is liable for damages suffered by a person bitten by the dog in a public place or lawfully on a private place.
In California Dog Bite Cases
The statute has two liability elements: (1) the victim was bitten by a dog, and (2) the victim was in a public place or lawfully on private property when bitten. The statute has two primary defenses: (1) the victim was trespassing, or (2) the victim provoked the dog. Strict liability under this statute does not require proof of the dog's prior viciousness or the owner's knowledge of danger.
California Law Context
California dog bite law under Civil Code Section 3342 provides a strict liability framework distinct from general negligence. The role of Civil Code Section 3342 in this framework — how it affects liability, damages, defenses, or procedure — is governed by the specific interaction between Section 3342's elements and the broader California personal injury law applicable to all civil claims.
Frequently Asked Questions
What is Civil Code Section 3342 in California dog bite law?
California Civil Code Section 3342 is the state's dog bite strict liability statute, which provides that the owner of any dog is liable for damages suffered by a person bitten by the dog in a public place or lawfully on a private place.
How does Civil Code Section 3342 apply to California dog bite cases?
The statute has two liability elements: (1) the victim was bitten by a dog, and (2) the victim was in a public place or lawfully on private property when bitten. The statute has two primary defenses: (1) the victim was trespassing, or (2) the victim provoked the dog. Strict liability under this statute does not require proof of the dog's prior viciousness or the owner's knowledge of danger.
How does this term affect whether a dog bite victim can recover damages?
Civil Code Section 3342 affects dog bite recovery in California because Civil Code Section 3342 creates a strict liability framework where most general negligence defenses are unavailable. The specific role of Civil Code Section 3342 in this strict liability system — as opposed to a general negligence system — determines its practical significance to dog bite claimants and defendants in California.