Legal Question in Personal Injury in California

Dog bite liability

Is a dog owner responsible when the dog bites someone, who did not tease the dog, but put his face close to the dog thinking it was friendly.


Asked on 5/17/09, 4:22 pm

5 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

Re: Dog bite liability

Perhaps. However, there are a lot of variables here, thus, I ask that you contact my office for a free consultation at 1.877.505.INJURY.

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Answered on 5/19/09, 3:37 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: Dog bite liability

I think the dog owner is liable whether there is provocation of the dog or not. If you get involved in a claim or lawsuit call us at 213.388.7070 for a free consultation.

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Answered on 5/19/09, 4:10 pm
Stephen Petix Quinton & Petix

Re: Dog bite liability

Under California statutory law, the owner of a dog is strictly liable for the damages suffered by any person bitten by the dog, whether in a public place or on the property of the owner, if the person bitten is on the property at the invitation, express or implied, of the owner. Liability attaches regardless of whether the dog had a history of viciousness or whether the owner of the dog knew the dog was vicious. See Calif. Civil Code, Section 3342, subdivision (a).

So, as the other attorney said, the owner of the dog is liable for damages to the person bitten, unless the victim was trespassing on the dog owner's property.

I suppose that the dog owner may argue that the person bitten was contributorily negligent by putting his face in the dog's face, and that might reduce the damages awarded, but should not cancel them, in view of the strict liability imposed by the law cited above.

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Answered on 5/20/09, 9:25 pm
Michael Stone-Molloy The Lion's Law Office

Re: Dog bite liability

I can say without hesitation: the dog owner in your case is RESPONSIBLE. That's what's called "strict liability." The only exception would be if you were trespassing. It sounds like you may have a nasty injury too. You should have a lawyer. Call me toll-free at 800-LION-FOR-LAW

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Answered on 5/19/09, 6:13 pm
Terry A. Nelson Nelson & Lawless

Re: Dog bite liability

Yes.

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Answered on 5/19/09, 8:48 pm


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