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Dog Attacks & Injuries

Dog attacks have caused death, disfigurement, disability and psychological impairment.

If the dog actually bites a person, the dog owner is responsible under Civil Code Section 3342(a) known as the Dog Bite Statute. If the dog causes an injury by knocking a person down, then Negligence Law applies.

What should you do if attacked by a dog?

People who own dogs can be held responsible for the harm from a dog attacking another person, 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 the 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

dog-childEven though a dog has never shown prior viciousness, this is no defense after a dog attack. California has a leash law, however, dogs on leashes have lunged and attacked, or escaped the leash. 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. 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.

Do I need to hire an attorney?

A lawsuit will need to be filed if the dog-owner’s insurance company refuses to pay you reasonable compensation for your dog attack related injuries. Ordinarily, the plaintiff has the burden of proof to demonstrate that the defendant was negligent. This can be difficult to manage on your own as you work to heal both physically and emotional from the attack. You need experienced attorneys who are not afraid to go after the insurance company, including going to trial if necessary.

Typical Defenses in a Dog Attack Case

agressive-dog-bite

  • 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 dog bite Attorneys at Cheong, Denove, Rowell & Bennett understand the trauma of a dog attack.

Conclusion

The attorneys at Cheong, Denove, Rowell, Bennett & Hapuarachy have authored numerous papers and have lectured to other lawyers on dog attacks, damages and trial practice.

call for free consultation 310-277-4857

Your dog attack injury can be a serious matter and affect your entire life. The result of any case depend upon a variety of factors unique to each case.

Follow this link to Dog Attack Injury Questionnaire and tell us about your injury so we can evaluate the information you send us and answer your questions.

call for free consultation 310-277-4857

The law firm Cheong, Denove, Rowell, Bennett & Hapuarachy provides legal services to the cities of Irvine, Los Angeles, San Diego, Riverside, Rancho Cucamonga, Anaheim, Long Beach, Newport Beach, Oceanside, Temecula, Murrieta, Glendale, Santa Barbara, Oxnard, Bakersfield, Santa Monica, Beverly Hills, Chula Vista, Inglewood, Garden Grove, Santa Ana, Van Nuys, Orange County, San Diego County, Imperial County, Kern County, Ventura County, San Bernardino County and Riverside County, California.

The materials appearing on this website are provided for informational use only, and are in no way intended to constitute legal advice of this law firm or any of its attorneys. This website is considered attorney advertising.

Our website has been designed for informational purposes and should not cause you to form an expectation about the results that you may achieve based upon your potential legal claim or issue.

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(310) 277-4857

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Los Angeles, CA
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Contact webmaster: Sumner M. Davenport & Assoc.

The law firm Cheong, Denove, Rowell, Bennett & Hapuarachy provides legal services to the cities of Irvine, Los Angeles, San Diego, Riverside, Rancho Cucamonga, Anaheim, Long Beach, Newport Beach, Oceanside, Temecula, Murrieta, Glendale, Santa Barbara, Oxnard, Bakersfield, Santa Monica, Beverly Hills, Chula Vista, Inglewood, Garden Grove, Santa Ana, Van Nuys, Orange County, San Diego County, Imperial County, Kern County, Ventura County, San Bernardino County and Riverside County, California.

The materials appearing on this website are provided for informational use only, and are in no way intended to constitute legal advice of this law firm or any of its attorneys. This website is considered attorney advertising.

Our website has been designed for informational purposes and should not cause you to form an expectation about the results that you may achieve based upon your potential legal claim or issue.

Disclaimer

Privacy Policy

Contact Webmaster

Sitemap

CDRBH_Logo 2018

cdrb-law.com
(310) 277-4857

1925 Century Park East, Suite 800
Los Angeles, CA
90067

Contact webmaster: Sumner M. Davenport & Assoc.