Re: Dog Bite Liability
Owners of dogs (in California) are strictly liable for injuries caused by their dogs.
The owner or possessor of land has a duty to "make safe" their property to invitees (includes most people on their property) or warn them of dangerous conditions existing thereon.
Determining if the owner of the land knew of the dog is only part of what you need to prove. For the owner of the property to be liable for injuries caused by the dog, the owner would have to "know or should know" that the dog was dangerous (previously bitten or manifests dangerous behavior that would put someone on notice that the dog may be a danger).
How do you find out if there is a "dog clause", ask them. Ask the renters and the landlord. In a law suit, make a "demand to produce" a copy of the agreement.
Parents are liable for the acts of their minor children up to a statutor maximum. For the bio-mother to be liable, the son must have been negligent or be the owner of the dog.
This response is based upon years of experience in dog bite issues in CALIFORNIA. Please consult an attorney in the state that you live, if not California. State laws are not all the same.
Also, please keep in mind that there are strict time limits within which all claims must be formerly pursued. Failing to comply with these time limits will terminate all rights. In California most claims have a one year statute. Calims against governmental entities must be formally made within six months. The statute of limitations for minors, IN MOST situations is until their 19th birthday.
Generally in a injury claim, collecting evidence at the earlist possible point is important. It gives less time for evidence to disappear, memorys to fade and stories to change.
In any "wound" case, it is very important to have continious pictures of the injuries, stitches, discoloration of skin, swelling and etc., while they are healing (I like pictures every third day, taken professionally or at least with a high quality camera). Why, becuase it is the best evidence to show people as to what the injured person went throught. Six months or a year after the injury, an observer may not see any evidence (let's hope this is the case) of an injury.
Call if you have further questions.
John Bisnar, Senior Partner, Bisnar & Chase, Personal Injury Attorneys and Counselors at Law.
800-956-0123
