Santa Cruz Dog Bite Attorney

Attorney Michael Rehm - (800) 978-0754

Dog Bite Claims in Santa Cruz County

Attorney Michael Rehm represents dog bite victims throughout Santa Cruz County. California imposes strict liability on dog owners for bites — there is no "one free bite" rule in this state. If a dog bites someone in a public place or in a location where the victim had a legal right to be, the owner is liable for the resulting damages regardless of whether the dog had ever bitten anyone before or whether the owner knew the dog was dangerous.

California's Strict Liability Rule

Civil Code §3342 provides: "The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness." The statute is straightforward: ownership, bite, public place or lawful presence, and damages. The injured person does not need to prove the owner was negligent. The owner does not escape liability by showing the dog had never bitten before.

Lawful presence on private property includes any person who is there by express or implied invitation — a mail carrier, a delivery driver, a social guest, a contractor. A person who is present by invitation cannot be told they assumed the risk of a dog bite by being on the property.

Defenses the Owner May Raise

The defendant dog owner may raise several defenses, each of which must be proven by the defendant, not assumed by the injured person.

Provocation is the most common defense. If the injured person provoked the dog immediately before the bite — through taunting, striking, or other conduct that directly caused the dog to bite — the owner may argue that provocation reduces or eliminates liability. Whether particular conduct constitutes legally sufficient provocation is a fact-specific question. Provocation must be shown by the defendant; it is not established simply because the injured person interacted with the dog.

Trespass is another defense. Civil Code §3342 does not apply to a person who was trespassing on the owner's property at the time of the bite. A trespasser may still have a common-law negligence claim under Civil Code §1714 in appropriate circumstances, but the strict liability rule does not apply.

Assumption of risk may be raised in cases involving professional handlers, veterinarians, or others who work with dogs as a known occupational hazard. Whether this defense applies depends on the specific facts of the professional relationship and the nature of the encounter.

Landlord Liability

In some cases, a landlord may be liable for a tenant's dog bite if the landlord knew the dog was present on the property, knew or should have known the dog was dangerous, and had the ability to require removal of the dog or terminate the tenancy. Landlord liability in dog bite cases is a fact-specific inquiry into what the landlord knew and when.

What Damages Are Recoverable

Civil Code §3333 provides that damages cover all detriment proximately caused by the bite. This includes medical treatment, plastic surgery for scarring, psychological treatment for trauma, lost wages, and noneconomic damages for pain, suffering, disfigurement, and emotional distress. Dog bites can cause lasting physical and psychological harm — particularly for children, who are disproportionately represented among serious dog bite victims.

The Statute of Limitations

Code of Civil Procedure §335.1 sets a two-year statute of limitations for personal injury claims. Missing this deadline can potentially bar a lawsuit. For minors, tolling rules may apply. Contact Attorney Michael Rehm to assess the timeline in your case.

Retain Attorney Michael Rehm

Attorney Michael Rehm handles dog bite cases throughout Santa Cruz County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information only. It is not legal advice and does not create an attorney-client relationship. California law changes — statutes are amended, courts issue new decisions, and regulations are revised. Nothing on this page should be treated as a current statement of law without independent verification. Whether any deadline, legal doctrine, or rule applies to your specific case requires individual analysis based on the facts of your situation. Contact Attorney Michael Rehm to discuss your case directly.