Legal Question in Personal Injury in California
Dog Bite On Elementary School Campus
My son was bitten at school by a dog. A boy brought the dog on school campus without permission. The school did not notify me of the incident and they have no information on the dog or the owner of the dog. My son's palm shows the bite mark and the skin broken. The school did put a bandage on it. I don't know what the health of the dog is? How should I handle this with the school? And is the school liable? Where was the supervision? Do I need to contact a lawyer? The principle said he told the kid not to come back and get off the campus property. In the mean time what should I do?
My son is 9 years old.
7 Answers from Attorneys
Re: Dog Bite On Elementary School Campus
You have a number of excellent answers.
Follow my colleague's answers.
Re: Dog Bite On Elementary School Campus
Under California Civil Code Section 3342, the owner of the dog is strictly liable for the injuries and damages caused by the dog bite. The school may also be liable for allowing the dog on the premises.
Depending on how serious the injury is, you may want to consult with a lawyer to assist you in the claim.
You also may want to have the local animal control quarantine the dog.
Re: Dog Bite On Elementary School Campus
Under California Civil Code Section 3342, the owner of the dog is strictly liable for the injuries and damages caused by the dog bite. The school may also be liable for allowing the dog on the premises.
Depending on how serious the injury is, you may want to consult with a lawyer to assist you in the claim.
You also may want to have the local animal control quarantine the dog.
Re: Dog Bite On Elementary School Campus
The school must receive a Notice of Claim before you can sue, and if my memory serves, you have 6 months to serve a notice of claim. It will consider the claim. If it denies the claim you are free to sue the school. Unless you son's injury is major, I doubt an attorney will take the case. You may have to proceed in small claims court. Any liability of the school will have to be based upon your proof of negligence (unreasonable conduct.)
Re: Dog Bite On Elementary School Campus
You have a good claim against the school directly, for the school's failure to protect your son. Ask the school to pay for your son's medical bills, and if they refuse, take them to small claims court.
Re: Dog Bite On Elementary School Campus
The school may in fact be liable for the injuries and of course the owner if you could track them down.
Depending on the nature and extent of the injuries you may wish to consult with an attorney before talking directly with the school.
Feel free to contact my office if you would like to pursue this matter.
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Re: Dog Bite On Elementary School Campus
It is complex suing a Government entity. You must prove that the school was on notice that the dog was there and had adequete time to get the dog off their property.
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