Dog Attacks
Overview
Attacks by dogs have
caused death, disfigurement, disability and psychological
impairment. In certain situations,
Negligence Law applies. In other situations, the law is
different.
Dog Bites
People who own dogs
can be held responsible for the harm from a dog bite, no matter how
carefully they guard or restrain their dogs. To prove liability, the
plaintiff must prove that the defendant owned the dog; that the dog
bit plaintiff while he or she was in a public place or lawfully on
private property; that the plaintiff was harmed; and that the dog
was a substantial factor in causing the plaintiff's harm. CACI 463.
CACI are the approved jury
instructions from the Judicial Council of California. Jury
instructions are read to the jury by the judge and establish the law
the jury must follow in deciding the case. A partner of Cheong,
Denove, Rowell & Bennett has been formally recognized as one of the
attorneys who assisted the task force in the preparation of these
jury instructions.)
When the dog bites
someone, it is no defense that the dog had never shown prior
viciousness or that the dog was on a leash. It is no defense that
the defendant wasn't negligent. As with
Products Liability,
the law imposes strict liability for the harm that was
caused. It is not necessary that the skin be broken in order for the
statute to apply
Dog Attacks Where the
Animal Does Not Bite
Dogs have caused
serious head and orthopedic injuries, even when they haven't bitten
the victim. These injuries usually occur when the dog knocks a
person down, or the person falls while running from or avoiding the
dog. Strict liability does not apply. In those situations,
Negligence Law applies.
Ordinarily, the plaintiff has the
burden of proof to demonstrate that the defendant was negligent.
However, if the city where the injury occurred had a leash law and
the injury occurred because the dog was not leashed, negligence is
presumed.
Typical Defenses
Dog was provoked by plaintiff
Dog didn't bite the plaintiff
Plaintiff was not lawfully on private property
It wasn't the defendant's dog
Plaintiff was contributorily negligent
Dog attacks are
traumatic. Bringing a dog attack case to trial, however, should not
be a traumatic experience for the client. The attorneys at Cheong,
Denove, Rowell & Bennett have written and lectured on the subject of
dog attacks and damages.
Cheong, Denove, Rowell & Bennett
has the extensive resources to handle the most
complex legal matters, yet is small enough to offer individualized
service to our clients.
