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Proving A Dog Bite Injury Case In California

8/5/2017

 
dog bite injury
The owner of any dog is liable for the injuries and 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. A person is lawfully on the private property of the dog's owner when he or she is performing any duty imposed by law or postal regulations, or when he or she is on the property by the express or implied invitation of the owner. Thus, pretty much anyone who comes over to someone's home as a (social) guest or to perform any services is covered by this law. 
This liability does not preclude all common law defenses. Thus dog owner may raise the defense of assumption of risk or willfully invited injury. This type of defense is typically available is where the alleged victim was attacked after trying to hurt or taunt the dog. Also, if a person knows and and appreciates the danger involved in encountering an animal such as a hostile and barking dog, and voluntarily accepts the risk by exposing himself to the hazard, the injured person may had difficulty winning his case. 
The defense of assumption of the risk extends only to the danger that the injured person has knowingly assumed. The dog owner would generally not be relieved of liability of the victim's injuries, if he purposefully or negligently concealed a particular hazard, since this would expose the injured person to an unknown risk. Thus, a dog's prior history of vicious behavior and the dog's owners of that behavior is highly relevant and often critical in winning a dog bit injury case. 

Dog Bite Attacks and Injuries

4/1/2009

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Dog attacks are a more common and a more devastating problem than most people realize. As with most trends, good or bad, California leads the nation in both the number of dog attacks and dog attack-related fatalities. 

In California, the primary statute for dealing with dog bit cases is civil Code section 3342 (the "Dog Bite Statute"). Under that section, the dog owners face strict liability when their dog bites a person "regardless of former viciousness of the dog or the owner's knowledge of such viciousness." A victim of the dog bite must who only that the dog bit him or her and caused injury requiring medical attention and care. One that is established, the defendant must pay for all the damages caused by hi or her dog.  The strict liability rule eliminates the need to prove fault and significantly simplifies the claim. 

California's courts have clearly held that section 3342 is not limited only to "bites" causing puncture wounds or other physical injury directly related to the dog having "bitten" the victim. Liability is found in cases where the dog "indirectly" injuries a person, by, for instance, pulling a person by his pants and off the ladder, even if the dog's teeth never touched that person's skin. 

It is important to note that Civil Code section 3342 only applies of the victim was in a public place or "lawfully in a private place" at the time of the attack. Because most dog attacks take place on the dog owner's property, trespassing is one of the favorite defenses of insurance attorneys. Thus, if you have been attacked by a dog, it might be critical to make sure that you obtain statements from every person who witnessed the incident and who can testify that you did not commit a trespass.

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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; arkady@arkadylaw.com
Photos used under Creative Commons from feserc, Elvert Barnes