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CALIFORNIA DOG BITE LAWYERS CALIFORNIA DOG BITE
ATTORNEYS FAQ’S A California dog
bite lawyer is on call 7 days a week to answer your questions on strict
liability of dog bites and California dog bite injury laws. A California dog
bite attorney is available immediately.
TOLL FREE
1-800-221-9576 FREE CONSULTATION
Call one of our California dog bite
lawyers any day of the week!
Should I report the vicious dog attack? If so, to whom & where?
Yes. California dog bites should be reported as soon as medical attention is
supplied. Report any dog bite in California to the local county animal control
and/or the police or sheriff’s department. Keep a note of the date of the report
and the name of the person that you spoke with, to later assist with your
California dog bite injury claim. A California dog bite lawyer from our law firm
will freely assist you with this.
What if the dog bite or dog attack happened on the dog owner's property?
A California dog owner has an obligation to restrain his or her animal for
public safety. As long as you are on private property legally (or you are
legally on public property) the dog’s owner will be held responsible for any
damage done by the biting dog.
What are my priorities if attacked by a dog or bitten by an animal?
-Seek medical treatment immediately for any dog bites or puncture wounds. Any
dog bite or animal bites pose a serious health risk for infection and
disease.
-Report the dog bites or animal attack to the proper California authorities.
-Photograph the wounded area where the dog bit or animal attacked.
-Write down names and contact info for any witnesses to the dog bite injuries.
What if I was bitten by the dog when I was just playing with the dog?
Any injuries or damages you sustained from the dog bites are still the
responsibility of the dog’s owner. Strict liability law on dog bites in
California is very clear: if the dog bites, the owner of the dog is responsible
and liable. Period.
Should I make a dog bite claim on the dog owner’s homeowner's insurance?
If the owner of the dog who has bitten or attacked has a homeowners’ policy,
that insurance will usually cover dog bite injuries. However, it is not wise to
either make a claim for dog bite injuries or give a statement about the dog bite
incident or accident without first consulting with an attorney. Anything that
you say can and will be held against you if the insurance adjuster taking the
statement is clever and skilled.
Are there laws in California that specifically cover dog bite injuries &
damages?
Yes. Many animal injury and damages cases are covered under general personal
injury laws of California, but there are also specific references in the
California Civil Code that refer to dog bites, referred to as California strict
liability dog bite laws.
California Dog Bite Statistics include:
California Dog Bite Statistics include:
1. Incidence of dog bites & injuries treated in emergency departments. Journal
of the American Medical Association 1998 Jan; 279(1): 51-53.
http://www.biomed.lib.umn.edu/hmed/980107_dog.html
2. Preliminary Statistics Number entered: 570 Distribution: Countries
http://mastiff.org/exhibit-hall/health/mhstats.mv
3.
Statistics on dog bites
FROM CALIFORNIA CIVIL CODE RE: CALIFORNIA DOG BITE LAWS & LIABILITY
Liability of California Dog Owner for Damages Suffered From Dog Bite or Bites
3342. (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 the dog or the owner's knowledge of such viciousness. A person is
lawfully upon the private property of such owner within the meaning of this
section when he is on such property in the performance of any duty imposed upon
him by the laws of this state or by the laws or postal regulations of the United
States, or when he is on such property upon the invitation, express or implied,
of the owner. (b) Nothing in this section shall authorize the bringing of an
action pursuant to subdivision (a) against any governmental agency using a dog
in military or police work if the bite or bites occurred while the dog was
defending itself from an annoying, harassing, or provoking act, or assisting an
employee of the agency in any of the following: (1) In the apprehension or
holding of a suspect where the employee has a reasonable suspicion of the
suspect's involvement in criminal activity. (2) In the investigation of a crime
or possible crime. (3) In the execution of a warrant. (4) In the defense of a
peace officer or another person. (c) Subdivision (b) shall not apply in any case
where the victim of the bite or bites was not a party to, nor a participant in,
nor suspected to be a party to or a participant in, the act or acts that
prompted the use of the dog in the military or police work. (d) Subdivision (b)
shall apply only where a governmental agency using a dog in military or police
work has adopted a written policy on the necessary and appropriate use of a dog
for the police or military work enumerated in subdivision (b).
Duty of California Biting Dog Owner; Court Action Against California Dog
Owner
3342.5. (a) The owner of any dog that has bitten a human being shall have the
duty to take such reasonable steps as are necessary to remove any danger
presented to other persons from bites by the animal. (b) Whenever a dog has
bitten a human being on at least two separate occasions, any person, the
district attorney, or city attorney may bring an action against the owner of the
animal to determine whether conditions of the treatment or confinement of the
dog or other circumstances existing at the time of the bites have been changed
so as to remove the danger to other persons presented by the animal. This action
shall be brought in the county where a bite occurred. The court, after hearing,
may make any order it deems appropriate to prevent the recurrence of such an
incident, including, but not limited to, the removal of the animal from the area
or its destruction if necessary. (c) Whenever a dog trained to fight, attack, or
kill has bitten a human being, causing substantial physical injury, any person,
including the district attorney, or city attorney may bring an action against
the owner of the animal to determine whether conditions of the treatment or
confinement of the dog or other circumstances existing at the time of the bites
have been changed so as to remove the danger to other persons presented by the
animal. This action shall be brought in the county where a bite occurred. The
court, after hearing, may make any order it deems appropriate to prevent the
recurrence of such an incident, including, but not limited to, the removal of
the animal from the area or its destruction if necessary. (d) Nothing in this
section shall authorize the bringing of an action pursuant to subdivision (b)
based on a bite or bites inflicted upon a trespasser, or by a dog used in
military or police work if the bite or bites occurred while the dog was actually
performing in that capacity. (e) Nothing in this section shall be construed to
prevent legislation in the field of dog control by any city, county, or city and
county. (f) Nothing in this section shall be construed to affect the liability
of the owner of a dog under Section 3342 or any other provision of the law. (g)
A proceeding under this section is a limited civil case.
Please direct any question you may have about California dog bite claims or
California dog bite laws and compensation available for California dog bite
injuries and animal attack damages to a California dog bite lawyer in our law
firm. One of our California dog bite attorneys is on call 7 days a week.
TOLL FREE 1-800-221-9576 FREE
CONSULTATION
PICOZZI, NIELSEN, & LLOYD, CALIFORNIA DOG BITE LAWYERS
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Copyright © Picozzi, Nielsen, & Lloyd, Attorneys at Law, Southern California, California personal injury lawyers. All rights reserved.
Disclaimer: The information offered herein by Orange County California Personal Injury Attorneys is
not formal legal advice nor the formation of an attorney client relationship.
Our California law firm handles personal injury cases in all Southern California
counties, including Los Angeles, Riverside, San Bernardino, San Diego, and
Orange County, California. Picozzi, Nielsen, & Lloyd concentrates in Personal Injury, including accidents - medical malpractice and medical negligence claims -- construction accidents, whether under California personal injury law, California workers compensation law or both -- orthopedic injuries -- products liability matters -- serious personal injury matters including wrongful death and serve Los Angeles,
Orange County, Riverside County, San Bernardino County, San Diego County, Southern California. Site by
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