Dog Bite

Any person, whether a minor or adult, who has been bitten or knocked down by an animal who has been improperly or inadequately leashed or contained can sue for injuries or death caused by an animal bite or knock-down. At California Attorney Group, we have experience in dog bite and animal attack litigation. We know that when you walk down the street and reach down to pet that cute little dog, you may get a nasty surprise in return for your efforts-a bite, an infection and a trip to the emergency room.

California has a statute that holds that the "owner of a dog is liable for the damages suffered by anyone who is bitten by the dog while in a public place or lawfully in a private place, including the dog owner's property, regardless of the prior viciousness of the dog or the owner's knowledge of that viciousness." Thus, the owner of a dog is strictly liable for anyone who is injured or killed by a dog bite. You do not have to prove that the owner was negligent.

Animal related attacks are a serious problem. Many people keep vicious dogs (such as pit bulls) that have been involved in serious and sometimes fatal attacks on innocent passers by. Some individuals own wild or exotic animal species (such as snakes or tropical birds) that can attack as well as cause illness.

Fortunately, most states have laws that protect the victims of animal attacks. Under the laws of many states, pet owners are strictly liable for the unprovoked attacks of their pets. In some states, a dog or other vicious pet is entitled to "one free bite." After that first bite, the owner is liable for all injuries caused by the pet. Some cities have banned some inherently dangerous animal breeds, while others have strict rules against the ownership of exotic species.

Each year aggressive dogs bite over 500,000 people, killing an average of twelve. The majority of dog bite victims are children. Most dogs do not exhibit aggressive tendencies; nevertheless, sufficient provocation may tempt even the gentlest dog to bite.

What should you do if Dog Bites you?

Under California Civil Code Section 3342, it allows for recovery under the theory of Strict Liability against dog owners. Hence, a victim of dog bite does not need to prove that the dog's owner should have known the dog would attack or should have known the dog would attack, or should have taken precautions to prevent the attack. The victim need only prove that the victim was bitten otherwise attacked by a dog.

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