Legal Question in Personal Injury in California

Re: Dog Bite Liability

Your son may have a claim and there may be coverage but we need to speak further somplease call 1-800-677-1010 for a telephonic interview.

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

Re: Dog Bite Liability

I note that your question to LawGuru.com has been directed to me as I specialize in Personal Injury.

In order to find out if there is anything about animals in the lease or rental agreement you would have to get a copy of that from either the landlord or the tenant/dog owner. If you could not get one voluntarily, you may have to file a lawsuit to obtain one through the litigation process. The owner of the dog and probably the son would be your prime defendants. Even without renter's insurance, they would be personally liable but you would also have to determine if they had any assets or property worth going after.

The biologicaly mother certainly would bear no liability or responsibility and the fact that the son was supposed to be somewhere else would be irrelevant.

If you are in the Orange County area, I would be glad to provide you with an additional consultation at no charge. You can call me at 714) 963-5123.

Sincerely,

SAM M. EAGLE

ATTORNEY AT LAW

10101 SLATER AVENUE, #218

FOUNTAIN VALLEY, CA 92708

PHONE: 714) 963-5123

FAX: 714) 964-9993

E-MAIL: WWW.FIRMS.FINDLAW.COM/EAGLELAW007