California Dog Bite Attorneys
A person that keeps or controls an animal should be liable for personal injury or property damage caused by the animal. A keeper of an animal is one that “harbors, protects, or shelters” the animal. It is not necessary that the person is the “owner. “However, an owner who retains some degree of control over an animal can be liable even if the animal is partly under the care of others. Normally, the owner of an animal is liable only for negligence if the animal causes injury or property damage. Negligence is the failure to use ordinary care in keeping or controlling the animal.
Most Recent Settlements and Victories
3-year-old female was bitten on the calf by a neighbor’s pitbull. Large laceration requiring sutures.
Restaurant patron attacked by restaurant owner’s dog. Large bite wound to cheek requiring multiple sutures.
Dinner guest was attacked by homeowner’s dog. Guest’s nose required sutures and cosmetic repair.
Homeowner was viciously attacked in her own backyard by a police K-9 dog on the hunt for an at-large fugitive. Large laceration and sutures to victim’s lower calf.
California Dog Bite Law
California law provides that the owner of a dog is liable for the damages suffered by anyone who is bitten while in a public place or lawfully in a private place, including the dog owner’s property. The fact that a dog does not have prior attacks, or that the owner has no awareness of a dog’s viciousness is not determinative.
The California dog bite statute can impute “strict liability” on the owners of vicious animals. Strict liability means that a person is liable for damages even if the person used ordinary care, and therefore was not negligent in keeping or controlling the animal. The keeper’s liability is said to be absolute in the sense that the gist of the action is not how the animal was kept, but that it was kept at all in light of its dangerous propensities. A plaintiff who can prove the animal’s dangerous nature or trait and the keeper’s “knowledge” of it, need not prove negligence in failing to restrain or confine it.
Actual notice is not required. An owner’s knowledge can be “constructive” wherein an owner can be liable if she could have learned of the propensity through reasonable inquiry. Additionally, an owner may be liable if his employees, agents, partners or family knew of the animal’s dangerous propensities.
WHAT EVERY CALIFORNIA DOG OWNER SHOULD KNOW
The latest dog bite statistics show that each year approximately 4.7 million people are bitten by a dog in the U.S. There are 62 million dogs in the United States. Contributing to the epidemic of dog bites in America is the growing preference among Americans for aggressive breeds, such as pit bulls, rottweilers, and German Shepherds. Further contributing to the increased frequency of dog attacks, is that dogs are often left home alone, untrained, and unsupervised. Most dog bites and attacks occur when dogs are tied up for long periods of time or spend most of their time by themselves. A dog’s isolation or lack of interaction results in a dog never being acclimated to strangers and increases the likelihood of attacks.
A dog owner is liable for every bite his or her dog inflicts on another person. The old law was that an owner was not liable unless the dog had already shown it was likely to hurt someone. However, the law has changed. California law holds owners liable for any harm their dog causes to another person. This is true whether or not the owner believed beforehand that their dog was dangerous. Dog owners are responsible for an injured person’s lost wages, medical expenses, etc. Dog owners can prevent bites by providing adequate attention, care, and training. It is important for an owner to train and socialize their dog.
Other animal-related injuries:
- Horses: A stablekeeper must use reasonable care to learn the habits and dispositions of the horses kept for hire. A stablekeeper warrants that the horse is suitable for the particular rider and can be liable for damages if the horse causes injury.
- Cattle: It is the obligation of the property owner of cattle to “fence out” free-running domestic animals to prevent damage to crops and other property.
10 Things To Do After A Dog Attack
- Seek Medical Attention
- Report the incident to Animal Control Authorities
- Attempt to obtain the name and contact information of the animal owner.
- Attempt to obtain the name and contact information of any witnesses to the attack.
- If possible, take photographs of the dog.
- Take photographs of any visible injuries you have suffered as a result of the attack.
- Do not communicate with the dog owner or his/her insurance company before you speak with an attorney.
- Do not accept any form of compensation from the dog owner or his/her insurance company before you speak with an attorney.
- Try to save any clothing that may have been damaged by the animal.
- Take photographs of any property damage caused by the animal.
The dog bite experts at Nadrich & Cohen, LLP are extremely experienced and successful in obtaining compensation for dog and animal bite victims. We have handled numerous lawsuits against the owners of dogs and have obtained millions of dollars on behalf of dog bite victims. Please immediately contact us by calling us at 1-800-718-4658.