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Dog Attacks
Overview
Attacks by dogs have
caused death, disfigurement, disability and psychological impairment. In
certain situations,
Negligence Law applies. In other situations, the law is different.
Dog Bites
People who own dogs can
be held responsible for the harm from a dog bite, no matter how
carefully they guard or restrain their dogs. To prove liability, the
plaintiff must prove that the defendant owned the dog; that the dog bit
plaintiff while he or she was in a public place or lawfully on private
property; that the plaintiff was harmed; and that the dog was a
substantial factor in causing the plaintiff's harm. CACI 463.
CACI are the approved jury instructions from the Judicial Council
of California. Jury instructions are read to the jury by the judge and
establish the law the jury must follow in deciding the case. A partner
of Cheong, Denove, Rowell & Bennett has been formally recognized as one
of the attorneys who assisted the task force in the preparation of these
jury instructions.)
When the dog bites
someone, it is no defense that the dog had never shown prior
viciousness or that the dog was on a leash. It is no defense
that the defendant wasn't negligent. As with
Products Liability,
the law imposes strict liability for the harm that was
caused. It is not necessary that the skin be broken in order for
the statute to apply
Dog Attacks Where the Animal Does Not Bite
Dogs have caused serious
head and orthopedic injuries, even when they haven't bitten the victim.
These injuries usually occur when the dog knocks a person down, or the
person falls while running from or avoiding the dog. Strict liability
does not apply. In those situations,
Negligence Law applies.
Ordinarily, the plaintiff has the burden
of proof to demonstrate that the defendant was negligent. However, if
the city where the injury occurred had a leash law and the injury
occurred because the dog was not leashed, negligence is presumed.
Typical Defenses
Dog was provoked by plaintiff
Dog didn't bite the plaintiff
Plaintiff was not lawfully on private property
It wasn't the defendant's dog
Plaintiff was contributorily negligent
Dog attacks are
traumatic. Bringing a dog attack case to trial, however, should not
be a traumatic experience for the client. The attorneys at Cheong,
Denove, Rowell & Bennett have written and lectured on the subject of dog
attacks and damages.
Cheong, Denove, Rowell & Bennett
has the extensive resources to handle the most
complex legal matters, yet is small enough to offer individualized
service to our clients.
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At
Cheong, Denove, Rowell & Bennett we believe the more you know,
the better choice you will make. |
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