Car Accident Playbook With Lem Garcia

Does a Dog Get One Free Bite in California?

Episode 11 • 28:01

In California, a dog does not get a free first bite. Lem Garcia of Lem Garcia Law explains why strict liability means a West Covina dog owner can be responsible for a bite even if the dog never hurt anyone before, then walks through who else can be on the hook, the defenses insurance companies raise, and what actually gets a claim paid. Questions answered in this episode: What does strict liability mean for a dog bite claim in California? How is California different from the old one-bite rule? Besides the owner, who else can be responsible for a dog bite? What is the trespasser defense, and when does it apply? How does comparative fault come into a dog bite case? What insurance actually pays a dog bite claim? What is the deadline to file a dog bite claim in California? When should a dog bite victim talk to a lawyer? Topics covered: strict liability, the one-bite rule, negligence per se, landlord liability, the trespasser and provocation defenses, comparative fault, common dog bite injuries, scarring and disfigurement, child victims, homeowner's and renter's insurance, breed-specific exclusions, punitive damages, evidence, and the two-year California statute of limitations. Lem Garcia on strict liability: "You do not have to prove that the owner was careless or knew that the dog was dangerous." Lem Garcia on the one-bite myth: "In California, the dog does not get a free bite." Lem Garcia on comparative fault: "The insurance company does not have to defeat your claim to save money. It just has to put some of the blame on you." Lem Garcia's one thing to remember: "The dog does not get a free bite, and the owner does not get a free pass." Free consultation: lemgarcialaw.com Phone: (626) 337-1111 Office: West Covina, CA #DogBiteLawyer #StrictLiability #CaliforniaCivilCode3342 #WestCovinaDogBiteClaim #OneBiteRule #SanGabrielValleyDogBite #ComparativeFault The information shared in this episode is for educational purposes only and is not legal advice. Every case is different. To discuss your specific situation, contact Lem Garcia Law or a licensed attorney in your jurisdiction. Chapters 00:00:00 Dog Bite Claims in West Covina With Lem Garcia 00:00:55 What Does Strict Liability Mean for a Dog Bite Claim in California? 00:02:14 How Is California's Dog Bite Law Different From the One-Bite Rule? 00:03:23 When Can a Negligence or Negligence Per Se Claim Be Added? 00:04:39 Who Else Can Be Liable for a Dog Bite, Including a Landlord? 00:06:50 Can the Trespasser or Provocation Defense Defeat a Dog Bite Claim? 00:09:35 How Does Comparative Fault Affect a Dog Bite Case? 00:10:55 What Injuries Do Dog Bites Cause, Including Scarring? 00:13:40 Why Are Children So Often the Victims of Serious Dog Bites? 00:15:11 Does Homeowner's Insurance Cover a Dog Bite in West Covina? 00:17:41 What Damages Can You Recover in a Dog Bite Case? 00:20:18 What Should You Do Right After a Dog Bite? 00:23:11 What Is the Statute of Limitations for a Dog Bite in California? 00:24:07 How Does a Demand Letter Move a Dog Bite Claim Toward Settlement? 00:25:15 When Should a Dog Bite Victim Talk to a Lawyer?