DOG BITES: THE LAW & POTENTIAL DEFENSES
In California, the doctrine of strict liability is applied when a dog bites a person. Strict liability is the imposition of liability on a party without finding fault. It is used when a situation or circumstance is considered “inherently dangerous.” In a strict liability case, the injured party only needs to prove that a tort occurred and that the defendant was responsible. With respect to a dog bite case, a plaintiff must prove that (1) they were bitten by a dog and (2) the defendant owned the dog. They do not have to show that the dog owner was negligent. They don’t even have to prove that the dog had vicious tendencies. This is because dogs, and animals in general, can be unpredictable, making owning them inherently dangerous.