LAW OFFICE OF
A PROFESSIONAL LAW CORPORATION
PERSONAL INJURY ATTORNEY
Menifee, Wildomar, Perris, Lake Elsinore, Murrieta
Dog Bite Attorney
Dog Bite Statute:
California Civil Code section 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.
Evidence proving that "this dog" bit someone
It is very important to gather evidence that links the dog bite, to the dog. Witnesses are very helpful, but many times the bite occurs while the victim is alone.
Some steps a person should take include:
Taking photographs of the bite
Writing down any statements made during the bite or shortly thereafter which were made by the victim or witnesses.
Going to the doctor
There are certain defenses that can be raised.
If the person you are suing is not the dog’s owner, they are not liable.
If you were trespassing onto private property the owner might escape liability.
You must obviously prove which dog bit you.
Another defense to CC 3342 is that there was no bite, since the statute specifically mentions bites in the text.
While the statute appears to impose strict liability on dog owners, California courts have allowed defenses based on provocation, comparative negligence and assumption of risk. Basically, if you provoked the dog, somehow negligently caused the attack, or assumed the risk of being bitten
Time Limit to bring suit
The Statute of Limitations on a Dog Bite is two years for a dog bite. Otherwise, if you do not bring suit within two years of being bitten, you lose you opportunity to sue.
If you have been bitten by a dog call Attorney Kris Crawford. We proudly serve Menifee, Canyon Lake, Murrieta, Winchester, Temecula, Lake Elsinore and surrounding communities. Personal injury? Call dog bite lawyer Kris Crawford.