California Civil Code Section 3342 is California's dog bite statute. California's dog bite statute provides that dog owners are legally responsible for damages related to the dog bite if:
the dog bite victim is in a public place or, lawfully on any property, including the property of the dog owner. (not a trespasser) [1]
California Civil Code Section 3342 reads in part:
"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 the dog or the owner's knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning
…show more content…
Strict liability means that the owner of the dog is responsible if the dog bites someone. Period. It does not matter if the dog has bitten anyone before. The owner is liable.
There are exceptions to the rule, including:
the dog bite victim is a trespasser, the dog bite victim provoked the dog, the dog bite victim assumed the risk given the nature of his or her employment the dog bite victim contributed to his own injuries. Our California personal injury attorneys address some of the key concerns of dog bite victims.
1. What are compensatory damages?
2. Can I get punitive damages?
3. What if this was the first biting incident?
4. What if the dog runs off of the owner's property?
5. What if I am bitten by a military dog or police dog?
6. What defenses can the dog owner assert?
7. What if the owner is successful? Can I still get monetary
…show more content…
Comparative Negligence or Comparative Fault occurs when the dog bite victim contributed fully or partially to his or her injuries. For example, if Tom touched a dog that was showing his teeth and growling, the dog owner would argue that Tom assumed the risk of being injured by the dog.
Provocation occurs when a dog bite victim provokes the dog. This typically includes some type of physical abuse.
7. What if the owner is successful? Can I still get monetary damages?
It is possible. California is a pure comparative negligence jurisdiction. [5] In a pure comparative negligence jurisdiction, your damages are proportionality reduced by your contribution to your injuries.
Therefore, using the example above, if a jury awarded Tom $4,000.00, but they found him 50% responsible for his own injuries, Tom would only be able to recover $2,000.00 or 50% of his awarded damages.
An experienced personal injury attorney can help you determine if you will be successful in your case.
Injured by a Dog in California? Call us for
Hawaiian Laws also contain a doctrine known as contributory negligence. This means a plaintiff cannot recover damages if he or she is more at fault that the defendant. Furthermore, any possible monetary recovery will be decreased in proportion to the plaintiff’s proved fault. (FindLaw, n.d.)
calculation to illustrate limitations of breed-specific legislation and decreasing the risk of dog bite-related injury.” Journal of the American Veterinary Medical Association 237.7 (2010): 788-792.
The dogs listed are not identified as a type rather than a breed. The dogs listed in the Act under section 1 are the pit-bull terrier, the Japanese tosa, the Dogo Argentrino and the Fila Braziliero. Other dogs can be added to the banned breed list. Owners of controlled dogs cannot breed them, sell them or trade them for another dog or give them away. The owner of the dog has to keep it on a lead and muzzled at all times and the person who is in control of the dog should be older than 16 years old. The muzzle has to be of a standard so the dog cannot bite a person. When a person owns a controlled dog they cannot let them wander the streets or vacate them, if they do so this is an offence and criminal sanctions would be put in place. This can be a fine, prison sentence and a ban on keeping animals.
Chapter 9 of division 14 of the food and agricultural code of California. (n.d.). Retrieved March 20, 2014 from http://www.rott-n-chatter.com/rottweilers/laws/california.html
“Dog Bite: Fact Sheet.” Centers for Disease Control and Prevention. CDC, 1 Apr. 2008. Web. 13
National Canine Research Council. Investigative Report for Dog-Bite Related Fatalities 2009. National Canine Research Council, 2010. 6-48. Print.
Enacting and enforcing strong leash laws is another very effective way to help reduce dog attacks and its easy to tell whether or not a dog has a leash on, unlike the difficulty of trying to determine the breed of some dogs. If a dog is on a leash the owner has control of it, even if said dog does lunge at someone. But leash laws can't just say you must have your dog on a leash. They also need to address dogs being tied out and left outside alone. Do...
How did the RCI come to decide which dog breeds were considered “dangerous” and therefore banned? According to the FAQs of the pet policy, RCI “evaluated input from current residents, past experience with animals in residential developments (both on-post and off), and the effect on the Projects’ ability to obtain and maintain adequate liability insurance at a reasonable price” (“Frequently Asked Questions“). In other words, pure anecdotal evidence. No scientific tests or studies of any kind. In fact researching dog bite fatalities involving military children from 2007 to 2010, none of those children were bitten by Doberman Pinschers (“Dog Bite Fatalities…”). Furthermore, in a study done by the Centers for Disease Control and Prevention (CDC) which covered...
Nationwide, approximately 50 percent of all children will be bitten by a dog before they reach the age of twelve (DeIorio, “Have a Dog-Bite-Free Summer”). In Marion County, Florida, aggressive and dangerous breads of dogs are a “serious issue” for the community according to Marion County Commissioner Jim Payton (Thompson, “County drops '1 free kill'”). Responsible dog owners seem to be unaware of the problem but area residents who have been victims of these attacks have turned to the Marion County Board of Commissioners for help. The local County Commissioners have been wrestling with this issue since October of 2009 when a widow from Ocklawaha, Patricia McBee, had three of her dogs euthanized after they allegedly killed her neighbor’s cat (Thompson, “County drops ‘1 free kill’”). The need for change moved even faster after a 3-year-old little girl was attacked and killed by a dog that was chained to a tree outside her house in Citra (Lee, “Girl, 3, mauled”).
Raghavan, M. (2008). Fatal dog attacks in Canada, 1990–2007. The Canadian Verterinary Journal, 577– 581.
On 04/14/18, at approximately 1:30pm, I Deputy Warden N. Christian with Franklin County Animal Care and Control (FCACC) was dispatched to 235 N. 18th St on a nuisance dog investigation (dog owner's address). I arrived on scene at approximately 1:56pm. I met with victim Robert White. Mr. White stated he was walking in the alley behind 200 Block of Monroe Ave. A white male had a black dog approximately 6 feet away from him. As he continue to walked through the alley, the dog tried to attack him. Mr. White stated the dog was on a "retractable leash" but Mr. White noticed that the dog owner had extended the leash to the point that the dog was close enought to Mr. White. Mr. White stated he move to the opposite side of dog owner, and words
To say that a dog is “aggressive” can mean many different things as well. Aggression includes a range of behaviors that have specific warning signs and can climax into an attack. A dog that displays such signs to people usually exhibits stay away warnings, such as becoming very still and rigid, guttural bark that sounds threatening, lunging forward or charging at the person with no contact, mouthing, as though to move or control the person, without applying significant pressure, a growl, showing teeth, or a quick nip that leaves no mark. More severe gestures are bites ranging from no marks on skin to bruises and puncture wounds, and repeated bites and shaking.
...ed by owner or animal that is not covered by another, non-breed specific portion of the Animal Control Code (i.e., vicious animal, nuisance animal, leash laws).”
Dog parks are a great place to take the dogs because it provides a space where they do not have to be on a leash every time, while they can interact with other animals of their species in a pet-friendly environment. Every city in the country should have at least one of these places, in order to help their inhabitants with their pets and because it is a good part of the life in the community. A few days ago, while walking my dog, I decided to run with him but with the leash in my hand, so that way he could be free to stop and sniff wherever he wanted. This experience was very good for the dog because he was not tied to the limits that I provided, but he was always by my side running. A couple of minutes after being “free” a policeman showed up.
Liability: • The owner agrees to take full financial liability, and shall indemnify Khatala Pet Lodge, its employees and representatives, from any claims or actions, of any kind, and nature whatsoever, arising from injury, sickness, Canine cough, accident, death, loss or damage of any kind whatsoever, of their pet/s whilst in the care of Khatala Pet Lodge where the utmost care and diligence has been taken by Khatala Pet Lodge. • The owner indemnifies Khatala Pet Lodge, and takes full financial liability where their pet/s have caused injury to other pets or persons whilst in the care of Khatala Pet Lodge, where the utmost care and diligence has been taken by Khatala Pet Lodge. •