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Attorney explains the difference between dog attack and dog bite.

In California there is strict liability for when your dog attacks another person. Although Civil Code Section 3342 refers to a bite, case law has stated that it’s not necessary that the skin be broken in order for the statute to apply. Johnson v. McMahan (1998) 68 Cal.App. 4th 173, 176. So what does this all mean?

Sometimes a large dog can jump on you and knock you down. A dog might not bite you but you still suffer injuries. We had a case where the dog caused our client to fall and she suffered an injury to her back and neck. We had another case where a dog attacked a person on a bike causing them to lose control and get a fracture. Even though there was no bite we were still able to sue under the dog bite statute. In other words just because there’s no bite, it doesn’t mean you don’t have a case. At a minimum you should speak to an attorney. Most attorneys like myself will do a free consultation.