California Civil Code§3342(a) provides that “The owner of any dog is liable for the damage 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.
California Civil Code§3342(a) codifies the theory of strict liability against a dog owner for any dog bite incident. There is no free bite or no need to establish notice of a dog’s prior viciousness for the dog owner to be legally responsible.
The most factors for handling a dog bite incident are to ascertain the dog owner, the breed of the dog, the location of the dog bite incident, why the dog bite victim was at the location where the bite occurred and whether the dog had a prior propensity of viciousness toward people prior to the incident. Your lawyer must determine whether the dog owner carried any type of homeowners or renter’s insurance.
As for the injuries, punctured wounds are the most common injuries in dog bite cases. If a dog attempts to move its head from side to side during the bite, the victim could sustain an avulsion or the breaking of the skin which may necessitate sutures or even surgery.
Often, dog bites may lead to permanent scarring. An attorney may need to retain a plastic surgeon to evaluate whether any laser surgeries to remove the scars would be beneficial.
In the past fifteen years as a plaintiff law firm, the Law Office of Danny Soong has successfully represented postal workers, UPS drivers, Fedex drivers, other delivery persons and general public as a result of dog bite incidents.
Please contact the Law Office of Danny Soong or 1toplawyer.com, if you or any of your loved ones have been involved in a dog bite incident.