Most homeowners’ policies specifically exclude criminal acts and intentional acts. So, the insurance company would likely assert that it is not responsible. Whether the insurance company prevails in that situation would really depend on the facts of the case. For example, if the insurance company insures your Rottweiler and it… CONTINUE
Does California Penal Code 399 apply to people who are subject to those cases where you sue for punitive damages, such as people who have dogs that have bitten multiple times?
Yes. The words “dangerous animal” do have a legal connotation. “Dangerous animal” normally implies that the animal has a known dangerous propensity; either because it is wild in nature, or because it has a history of vicious behavior.
Dog Bite: Trained Attack Dogs and Civil Code 3342
There are extreme circumstances where one is attacked by a dog who is specifically trained to fight and attack. You’ll remember that Michael Vick, who is still a quarterback for the NFL, was involved in a ring of dogs trained to fight for sport. So, if you’re attacked by a… CONTINUE
Homeowner’s Policy Exclusions and Animal Attacks
In San Francisco, it’s illegal to own livestock, but it was very popular at one point to have miniature pigs as house pets. Let’s say I’m attacked by livestock that isn’t owned legally? What does the case look like, how is it different, and what is the insurance company going… CONTINUE
Dog Bite: What is Your Advice to Those People Who Have Been Injured by a Friend’s Pet But Don’t Want to Harm the Friendship by Pressing Charges?
Responsible people purchase insurance for a reason. We want to be insured in the event that something accidental happens on our property. Just as we are insured for negligent driving and possible defects on our property, we are insured in the even our dog, for whatever reason, bites a guest… CONTINUE
Dog Bite: Is There an Insurance Company Who Covers Known Dangerous Animals? Who Pays in a Successful Settlement or Verdict?
Normally homeowners’ insurance covers dog bite activity. Oftentimes renters’ insurance covers dog bite activity. In fact, another statistic from the San Francisco Chronicle article that I cited earlier, “Dog bites accounted for one third of all homeowner’s liability claims in 2015.” ** I think this subject is really important because… CONTINUE
Dog Bite: Have You Had Any Cases Where a Dog Has a History of Having Bitten Others?
We have had many dog bite 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… CONTINUE
Cat Bite: Cats and Other Domestic Animals
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
Dog Bite: When I am Bitten by a Dog Owned by a Private Party, How Much Time Do I Have to File Suit?
If you are suing a private party, the statute of limitations is two years from the date of the dog 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… CONTINUE
Dog Bite: How Does the Case Change if You Are Bitten by a Police Dog?
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