If the registered owner of the dog makes a credible assertion that he is not the only owner, then we will likely bring claims against other viable owners to make sure that we don’t have an empty chair at trial.
No, you cannot sue if a stray dog bites you. The dog has to have an identifiable owner. We do have situations where the dog is possessed and controlled by more than one person, so for example, maybe a couple of roommates purchase a dog, and that dog ends up… CONTINUE
If you are suing a private party, the statute of limitations is two years from the date of the bite. With a government entity, such as the circumstance of when you are bitten by a police dog, you must file a government claim within six months. Normally after you file… CONTINUE
Do I have a case if I was bitten while trespassing? In order to recover damages, the person bitten must lawfully be on property where the bite takes place. However, you should speak with an experienced dog bite attorney about the specific circumstances of your case. If the offending dog… CONTINUE
Dog bites are normally proven by percipient witnesses who saw the bite as it occurred and/or the physical evidence of scars and injuries that result. We often obtain evidence to prove a dog bite from police reports, animal control reports, private investigator reports, photographs and medical records.
If a postal worker is bitten during the normal course of business, delivering the mail, she should file a workers compensation claim AND a third party personal injury claim against the dog owner. Worker’s Compensation would have a lien against the proceeds of the personal injury case because, presumably, the… CONTINUE
Civil Code 3342 states: “(a) The owner of any dog is liable for the 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… CONTINUE
It would depend on what, if anything, the victim did it to initiate contact with the dog. It is reasonably expected that humans are going to approach dogs to have a friendly interaction. It is normal for people to approach a dog to pet it, to play with it, or… CONTINUE
Whether or not a dog is leashed at the time of an attack really does not matter, as Civil Code Section 3342 strongly favors dog bite victims. However, the owner of the dog who bites a person is more likely to attempt to assert various defenses if his or her… CONTINUE
Most cities have leash laws, so when we are evaluating the facts and circumstances of a dog bite, we always look up the relevant ordinances in the city where the bite took place. However, with or without the leash law, we refer back to Civil Code Section 3342, which states… CONTINUE