Premises liability refers to the negligent ownership, occupation or control, or maintenance of property that causes injury. To prove a valid premises liability case, one must show that the owner or occupier, or person in control of property, was negligent in the use or maintenance of the property, and that… CONTINUE
Dog Bite Cases: Statute of Limitations
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
Dog Bite Cases: FAQ’s
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 Bite: Proving Your Case
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.
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
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