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Every year, many people are injured by dog attacks and
dog bites. Frequently, the attack takes place near their home by a dog
in the neighborhood. Often, the victim has no warning and no suspicion
the dog was dangerous. If you or a loved one are injured by a dog (or
any domesticated animal), the following information may be helpful:
California does not permit one free bite
Many people mistakenly believe owners are liable for a dog’s injuries only if the dog previously bit or attacked someone. (This is commonly known as the “one bite rule”.) On the contrary, California Civil Code Section 3342(a) makes the owner of a dog strictly liable for damages suffered by a person who is bitten by that dog in a public place or lawfully in a private place. There is no requirement the owner “knew” or “should have known” their dog might hurt someone. Therefore, if you are injured by a dog, you normally have the right to recover for your injuries, even if it was the dog’s “first bite”.
Civil Code 3342.5 allows anyone to bring an action against the owner if a dog bit a human being on at least two separate occasions.
The breed or size of the dog makes no difference
Some people believe owners are only liable for injuries if the attacking dog is a particular breed (i.e. Doberman or Pit Bull). This belief may be based on the reluctance of landlords to rent to people who own certain types of dogs. However, California law does not base liability on breed or size.
Many homeowner insurance policies will pay for medical bills
Some people are reluctant to pursue a claim because they know the dog’s owner. If the injured victim has health insurance, they may think it is better for their health insurance carrier to pay the medical bills. However, many health insurance carriers have “third party liability” clauses, which are designed to insure the at-fault party (or their insurance company), pay for medical care. Failure to properly report the cause of injuries may expose the victim to further costs from their own health insurance carrier. Conversely, many fire/homeowners policies will fully cover medical bills, lost wages and other costs on behalf of the dog’s owner.
The County of San Diego, Department of Animal Services may help you
The County of San Diego, Department of Animal Services has the capability to investigate dog attacks and take appropriate action. This includes taking temporary custody of an attacking dog and making recommendations to prevent further injury. The Department also provides the opportunity for hearings before professional, experienced officers to determine the best way to protect people and pets. The Department of Animal Services is located at 5480 Gaines Street, San Diego, California 92110-2624. Their web site is http://www.sddac.com.
To find out what to do after an animal attack Click Here
We have provided more information about what to do after an animal attack. Our San Diego injury attorney offers a free consultation if you were injured. Please call our law firm now.
California does not permit one free bite
Many people mistakenly believe owners are liable for a dog’s injuries only if the dog previously bit or attacked someone. (This is commonly known as the “one bite rule”.) On the contrary, California Civil Code Section 3342(a) makes the owner of a dog strictly liable for damages suffered by a person who is bitten by that dog in a public place or lawfully in a private place. There is no requirement the owner “knew” or “should have known” their dog might hurt someone. Therefore, if you are injured by a dog, you normally have the right to recover for your injuries, even if it was the dog’s “first bite”.
Civil Code 3342.5 allows anyone to bring an action against the owner if a dog bit a human being on at least two separate occasions.
The breed or size of the dog makes no difference
Some people believe owners are only liable for injuries if the attacking dog is a particular breed (i.e. Doberman or Pit Bull). This belief may be based on the reluctance of landlords to rent to people who own certain types of dogs. However, California law does not base liability on breed or size.
Many homeowner insurance policies will pay for medical bills
Some people are reluctant to pursue a claim because they know the dog’s owner. If the injured victim has health insurance, they may think it is better for their health insurance carrier to pay the medical bills. However, many health insurance carriers have “third party liability” clauses, which are designed to insure the at-fault party (or their insurance company), pay for medical care. Failure to properly report the cause of injuries may expose the victim to further costs from their own health insurance carrier. Conversely, many fire/homeowners policies will fully cover medical bills, lost wages and other costs on behalf of the dog’s owner.
The County of San Diego, Department of Animal Services may help you
The County of San Diego, Department of Animal Services has the capability to investigate dog attacks and take appropriate action. This includes taking temporary custody of an attacking dog and making recommendations to prevent further injury. The Department also provides the opportunity for hearings before professional, experienced officers to determine the best way to protect people and pets. The Department of Animal Services is located at 5480 Gaines Street, San Diego, California 92110-2624. Their web site is http://www.sddac.com.
To find out what to do after an animal attack Click Here
We have provided more information about what to do after an animal attack. Our San Diego injury attorney offers a free consultation if you were injured. Please call our law firm now.