We have had many cases where, during the process of investigation and discovery, we learned that the dog who bit our client had also victimized others. We learn this information by reading police reports, animal control reports, by taking depositions and by demanding production of documents. Even if the dog… CONTINUE
The general answer is no, and you must be very cautious about this because you can actually be criminally prosecuted for doing so. There are exceptions laid out in Penal Code 633.5, but you should contact a lawyer before you even consider doing it. In some circumstances, police can authorize… CONTINUE
I have had cat bite cases. This was a long time ago, and the question is: Is it strict liability? I think the answer is no. I don’t think there is a statute that speaks to a negligence standard. Anecdotally, my client was house-sitting for a friend who owned a… CONTINUE
If you are suing a private party, the statute of limitations is two years from the date of the bite, so you have more time. (With a government entity, such as the circumstance when you are bitten by a police dog, you must file a government claim within six months)…. CONTINUE
If you are bitten by a police dog, Civil Code Section 3342 still applies: The police will not be liable if the police dog is acting in the normal course of its’ duties in providing some law enforcement function. For example, if you are a felon fleeing a crime scene… CONTINUE
Very early on in the claims process or the litigation, we determine whether there might possibly be more than one owner. When that is the case, the owners are joined in the same case.
California law allows victims the right to sue their perpetrators of domestic violence in civil court, even if the perpetrator is one’s spouse. Enacted in 2002, Civil Code Section 1708.6 states that a person is liable for the tort of domestic violence if she can prove: infliction of injury resulting… CONTINUE
There are many penal codes that specifically describe different types of sexual misconduct. The civil code, however, is more general. The main civil code that deals with any type of unwanted sexual contact is California Civil Code 1708.5, which defines sexual battery and it reads very broadly. It says a… CONTINUE
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