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Dog bites are more common than many people realize—especially in populated areas like Fresno, where neighborhoods are dense and more families own pets. According to the CDC and state health data, California consistently ranks among the top states for reported dog bite incidents. In urban areas like Fresno, dog attacks can happen in parks, on sidewalks, or even in apartment complexes—often leaving victims with painful injuries, lasting scars, and emotional trauma.
In California, the law provides strong protection for dog bite victims through what's known as “strict liability.” This means that a dog owner is typically responsible for a bite even if the dog has never shown aggressive behavior before. If the victim was bitten in a public place or lawfully on private property, the dog owner can be held liable—no questions asked about prior warnings.
But not every dog-related injury fits neatly into that category. There are situations where proving negligence is key to holding someone accountable. For example, if a landlord knew a tenant had a dangerous dog and did nothing, or if a dog injured someone without actually biting them (such as knocking them down or chasing them into traffic), a standard negligence claim may be the appropriate legal route.
In these types of cases, victims must prove that the responsible party failed to act reasonably and that failure directly led to the injury. It’s a more complex process—but one that can still result in full compensation when handled correctly.
If you’ve been bitten by a dog in Fresno, it’s important to understand how California law protects you. Under California Civil Code § 3342, the state follows what’s known as a strict liability rule when it comes to dog bites. This means that a dog owner is automatically responsible for injuries caused by their dog’s bite—even if the dog has never shown signs of aggression before.
Strict liability removes the burden of proving that the dog owner was careless or knew the dog was dangerous. As long as:
…the dog’s owner can be held liable. There’s no requirement to show negligence or a history of attacks.
While strict liability applies to most dog bite situations, it may not cover non-bite injuries or cases involving third-party liability. For example:
In these cases, the victim must prove negligence—that is, that someone had a duty to prevent the harm and failed to do so. This is where legal experience becomes crucial, as building a negligence claim requires gathering evidence, demonstrating breach of duty, and linking that breach to the injury.
While California’s strict liability statute makes it easier for many dog bite victims to seek compensation, there are situations where proving negligence becomes necessary to hold someone accountable. These cases often go beyond the dog owner and may involve third parties or incidents that fall outside the scope of the dog bite law.
In some cases, the person legally responsible for the dog isn’t the owner. For example:
In these situations, the injured person must show that the third party had a duty to prevent the danger and failed to meet that duty—resulting in the injury.
If a dog bite occurs on a rental property or at a business, the property owner or business operator may share some liability. For example:
These claims usually fall under premises liability law and require proof that the owner or operator was negligent in maintaining a safe environment.
Sometimes, victims are bitten or attacked by a dog in a public place, but the owner cannot be identified or has left the scene. In these cases, proving negligence may be the only option—especially if:
Gathering evidence—like surveillance footage or witness testimony—is critical in these situations.
Strict liability only applies to actual bites, but dogs can cause injury in other ways. Examples include:
In these cases, the victim must prove that the owner or caretaker failed to properly control the dog, and that failure directly caused the injury.
If your dog bite or dog-related injury claim doesn’t fall under California’s strict liability statute, you may still have a strong case under general negligence law. To win a negligence claim, you’ll need to prove four key legal elements. Each one must be clearly established through evidence and testimony.
The first step in proving negligence is showing that the defendant owed you a duty of care. In the context of a dog bite case, this means the person had a legal responsibility to act in a way that would prevent foreseeable harm.
Examples include:
Once a duty is established, you must show that the defendant breached that duty by failing to act as a reasonable person would under the circumstances.
Examples of breach include:
This is often the most disputed element, and strong evidence—like witness statements or surveillance footage—can be critical.
Next, you must prove causation—that the defendant’s breach of duty directly caused your injury.
In legal terms, this is broken down into:
For example, if a dog escaped because of a broken fence the landlord refused to repair, and it bit you in a shared courtyard, that chain of events would establish causation.
Finally, you must show that you suffered actual harm as a result of the incident. This includes:
Dog bite injuries can leave lasting scars—both physical and emotional. Whether you were attacked by a dangerous dog in your neighborhood, injured by an animal on a rental property, or harmed due to a business’s failure to maintain a safe space, you have the right to seek justice.
Proving negligence in a dog bite case isn’t always straightforward. It takes the right combination of legal knowledge, investigative resources, and experience to hold the responsible parties accountable. That’s where the Law Offices of Tim D. Wright comes in. We’ve helped injury victims across California—including Fresno and the Central Valley—navigate complex cases and recover the compensation they deserve.
📍 Burbank Office:
1112 W. Burbank Blvd., Suite 302
Burbank, CA 91506
📍 Van Nuys Office:
16555 Sherman Way, Suite B2
Van Nuys, CA 91406
📞 Phone: (323) 379-9995 or (818) 428-1080
📧 Email: firm@timwrightlaw.com
🌐 Website: www.timwrightlaw.com
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