If you or a loved one has been attacked by a dog, or have been injured as a result of a dog bite in California, it is important that you know your legal rights. California follows the strict liability rule when examining dog bite cases. This means that there is no such thing as a “one bite rule” or disputed liability. The dog owner is “strictly liable” for the injuries caused by their dog. The law does not allow for a dog owner to dispute who was at fault. The dog owner is automatically responsible to pay for your damages.
To discuss your San Diego dog bite claim please call the San Diego Dog Bite Injury Attorneys at The Law Offices of Howard Kitay for a free consultation. Dial (619) 442-0542 for a free consultation.
According to the Centers for Disease Control and Prevention nearly 4.5 million Americans are bitten by dogs each year, half of these are children. One in five dog bites results in injuries serious enough to require medical attention.
California has a dog-bite statute listed under its Civil Code section 3342 which states in part: “(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 owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.” this means that under California law, even if a dog is good natured through its life but then one day decides to bite somebody in a single instance, the owner could still be liable.
Section 3342 allows a person to recover damages caused by a dog bite without having to show that the dog’s owner was careless (“negligent”) in any manner. It creates a system of fault without having to prove any wrongdoing, a form of liability known as “strict liability.” Every dog owner must prevent his or her dog from biting persons in a public place or lawfully in a private place so as to prevent dogs from becoming a hazard to the community.
A San Diego dog bite lawyer can also establish liability for a California dog bite based on the negligence of the person who causes or allows the dog bite or attack to occur. Negligence can be the result of mishandling, allowing a dog to roam the streets unleashed, or improper tying or chaining.
A dog owner whose dog has not been vaccinated by the age of four months and whose dog bites someone who then must submit to rabies treatment can also be sued by a dog bite attorney in California for violation of the applicable Health and Safety Code Section 1920 and for the cost of and pain and suffering resulting from this treatment.
A dog bite is terrifying and can be painful and traumatic, especially for children. It can also cause emotional trauma and severe financial strain. Dog attacks can result in huge medical bills and lost wages. The San Diego dog bite attorneys at the law offices of Howard A. Kitay can help you recover for your medical expenses and future medical expenses for treatment, corrective plastic surgery, and rehabilitative therapies including mental health services to help you deal with the trauma of being attacked. If someone you love was killed by a dog, we can help you get justice and fair compensation to help deal with your tragic loss.
If you have been the victim of a dog attack in San Diego you will need legal representation. Our experienced San Diego dog bite injury attorneys have a proven record of success with dog bite injuries. Contact the law offices of Howard A. Kitay as soon as possible and for your free consultation. Call us today at (619) 442-0542.