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.
Archives for July 2016
Dog Bite: Worker’s Compensation – What If, In the Normal Course of Their Delivering Mail, a Letter Carrier is Bitten by a Dog? Does That Count as Worker’s Comp?
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
Dog Bites: California Civil Code 3342
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
Dog Bite: What if the Dog Was Provoked or Teased by the Victim?
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
Dog Bite: Leash Laws – If the Dog is Not On a Leash, Does That Make My Case Stronger?
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
Leash Laws: In Public Places are People Required to Have Their Dog On a Leash?
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
Dog Bites: Must the Dog Have a History of Violence for me to Sue its’ Owner?
Absolutely not. Under Civil Code Section 3342, the dog owner is liable for the damages suffered by the person bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog. The liability of the dog owner applies… CONTINUE
Dog Bite: How Common are Dog Bite Cases?
Dog Bites are extremely prevalent in the United States. Each year, approximately 4.5 million Americans are bitten by dogs. About twenty percent of dog bites result in the need for medical attention. Dog bites accounted for one third of all homeowner’s liability claims in 2015. *These statistics come from a… CONTINUE