Legal Question in Personal Injury in California

My daughter Tressie who is ten was walking home from the corner store a pitbull attacked her biting her twice and dragging her a few feet the owner of dog brought ny baby home to me saying ibnfront of six witnesses"my pitbull hank bit your daughter he has shots and this is third person please dont put him to sleep" i go to collect information and all sudden she has no dog she tought it was but wasn't. Now she doesn't even have a dog.my question is cant she be responsible for the dog no leash or fence


Asked on 11/20/14, 11:03 am

2 Answers from Attorneys

Len Tillem Tillem McNichol & Brown

The dog owner is strictly responsible for injuries caused by her dog under California Civil Code section 3342. You can take her to small claims court if you want to, or even hire an attorney for a personal injury case in the Superior Court if her injuries are that severe.

If she's claiming that it's not her dog now, her ownership of the dog is an issue of fact that can be proved at trial - clearly she is changing her story in order to avoid liability.

I would also suggest contacting Animal Control.

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Answered on 11/20/14, 11:44 am
John Molina Jr. Law Offices of John Molina

You are dealing with a personal injury 'dog bite' case. In the state of California, the damages from personal injuries caused by a dog with an owner are held to what is termed a "strict liability" standard. This basically means that the owner of said dog has a duty to keep their dog restrained and/or guarded. Otherwise, if a person is injured as a result of said dog biting them, the owner of the dog can be held responsible for said injuries. In California, the injured party does not have to show that the owner knew about their dog's 'propensity' to bite or that they were 'dangerous.'

There are, of course, other factors that one must consider when bringing forth a personal injury claim resulting from a dog bite. You would need to talk to a competent attorney that has the experience in personal injury matters like the one you have presented, to assist you in determining your rights and how to get started with your personal injury claim. If you are interested in speaking with an attorney that will do just that, contact our office for a no-obligation consultation at (888) 790-5053 and/or visit our website at www.coronacalawyer.com.

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Answered on 11/20/14, 12:01 pm


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