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
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
Always wear a protective helmet, a thick jacket, sturdy pants, and thick gloves. Good protective gear will mitigate the severity of your injuries if you are injured in a motorcycle accident.
Absolutely never operate a motorcycle while intoxicated. If you consume any alcohol whatsoever, be mindful if you are also taking prescription medications, many of which should never be combined with alcohol. If you are found to be under the influence, it will be difficult to prove that you are not… CONTINUE
No! Speak with an experienced injury lawyer. Do not give a detailed statement to the other party’s insurance adjuster, especially if they want to tape record it. Do not sign waivers and releases for them to obtain your entire medical history. Do not provide them your Social Security number. Some… CONTINUE