(Please read my colleague's, David Bobrosky's, blog about Pitt Bull & Rottweiler Dog Attacks, for steps to take immediately after being bitten or attacked by a dog.) California Civil Code Section 3342 states: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. There are exceptions, of course, i.e. if the dog is working in a policing capacity, or when trespassers break into a dog owner's home.

Even with deaths from dog attacks being rare, these incidents still prove dangerous, life-altering, and expensive for victims. Dog bites trigger the operation (or at least questions about the application of) California's strict liability or negligence law to the incident. Below, we explore how you may hold a California dog owner liable for bites or other attacks and how you may recover damages for your injuries and losses.Strict LiabilityBy California Civil Code Section 3342, dog owners face strict liability for damages caused by bites from their dogs. Under the statute, a dog bite victim need not prove that the owner failed to exercise reasonable care to control the dog or the owner's actual or constructive knowledge of the dog's propensity to attack or bite. Unlike certain states, California does not follow the “one-bite” rule. That means you can recover from an owner whose dog bites you even if the dog had not previously bitten or attacked anyone.To take advantage of Section 3342, the prospective plaintiff must either have been in a public place or have lawfully been on the dog owner's property. Those victims in the latter category may have been expressly or implicitly invited or allowed on the premises.Implied permission means that not given in express words, but which exists because of certain facts and circumstances. Examples may include:*Areas of stores, restaurants, and offices open for business*Neighbors*Those delivering mail or other items to th

hort-term vacation rental owners might not be required to have security cameras or patrols. However, the foreseeability threshold tends to be lower with less costly or burdensome matters. As such, victims of criminal attacks at these rentals may have better success on claims due to broken lights, locks, or security cameras; absence of deadbolts; or doors that do not require a code for unlocking and entry.Unsafe PoolsCalifornia statutes and regulations impose various safety standards for pools, including those at short-term vacation rentals. The requirements or acceptable measures for pools at private residences are found in California Civil Code Section 115922 and include at least some of the following:Enclosures at least 60 inches, or five feet, highAlarms for “accidental or unauthorized” entry into pool waterSafety pool covers that meet the American Society for Testing Materials performance standardsDog BitesWhen it comes to dog bites, California is a “strict liability” state. Under California Civil Code Section 3342(a), dog owners must compensate victims of bites even if the dog has not previously attacked anyone or another animal. It does not matter if the owner did not have previous knowledge of the dog’s tendencies to bite, attack, or otherwise present danger. Even reasonable care in confining or restraining dogs does not relieve the dog owner of liability. The strict liability rule comes into play especially when the vacation rental owner owns the dog. However, the property owner might avail themselves of defenses such as contributory negligence, especially if the guest provokes the dog. Those who stay somewhere knowing that there is a dog with dangerous propensities might find claims barred by the "assumption of the risk" defense.Making ClaimsHomeowner's insurance can pay liability claims arising from injuries on the premises. However, these policies do not cover injuries at residences (or the portions thereof) used as vacation rentals. To handle such risks, vacation rental owners rely on vacat