The owner of any dog is liable for the damages suffered by any person who is bitten by a dog while in a public place or lawfully in a private place, including the dog owner’s property, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.
California Civil Code Section 3342.
A “dog bite” does not need to puncture a person’s skin or inflict a wound in order to fall within the meaning of the statute. Johnson v. McMahan (1998).
Even the nicest neighborhoods can have roaming, dangerous dogs. These off-leash, unidentified dogs can pose a threat to human safety, as well as your own dog’s safety. The owner of the dog will be strictly liable if the dog harms you. It is important to preserve evidence as soon as possible, so if you are bitten by a dog call a lawyer immediately. This office can send a personal investigator out to the scene to take photos, videos, identify the dog and its owner, and more. This is essential to preserving your case.
Further, people in California should know that the California self-defense law also applies to defending oneself (0r others) against dangerous or threatening dogs. The California Court of Appeals decided People v. Lee, No. B175291, and the Court held:
The focus is on the nature of the threat, rather than its source. It serves no public policy, and is neither logical nor fair, to deprive appellant of the defense of self-defense because the threat of imminent harm came from a dog and not from a person. The use of force in defense of oneself should be legitimate, whether or not the source of the threat is a human being. In other words, the use of force in self-defense should not be illegitimate because the source of the threat is not a human being.
Prevent injuries by becoming aware of self-defense tools. Items such as pepper spray, stun guns, and walking sticks may help you fend off the next possible dog attack before it happens.
If you or someone you know has suffered a dog bite, call us now – (877) 274-2612.
