Legal Question in Civil Litigation in California
dog bite liability
Friends, My dog bit the manager of my mobilehome park. The manager provoked him by hitting him with a long metal bar-I have eyewitness. The park is evicting me because I haven't removed the dog. Thier concern is over liability, even though I've offered them a release, they won't accept it. If the bite was provoked in the first place and that can be proven, then is there a liability issue to begin with? The bite was a single inch long wound. He was acting in self defense. I've had a certified trainer do a temperament assessment on the dog and there were no signs of aggressiveness or other problems. I understand the liability issue of the park, but feel that the dog is no more liable to bite someone than any other dog that hasn't bitten someone before. I'd like to have some feeling about my chances if I go ahead and take this to court(answer the unlawful detainer) Thank you for your time and consideration.
1 Answer from Attorneys
Re: dog bite liability
If the dog was acting in self defense then there should be no liability on your art [since dogs are considered property, it really becomes an issue framed in the manner of was there something defective about the property that caused the injury or did the plaintiff mishandle the property causing their own injury?]. Was the dog on your property or the common area? But it will be your burden to show the manager was at fault; why would he go out of his way to hit your dog?
You have to look at the contract you signed as to what basis the owner has to evict you. You then have to show the judge that that exclusion does not apply to you [do not have a dangerous animal, etc.] I doubt you can be evicted merely because someone might sue you; the owner hands to show that you act in such a fashion as to endanger the safety of others. Also, look to see if you are governed by any local rent control laws and see if there are any state laws that cover you [search the internet for mobile home, evictions]. Take to the owner ASAP before the hearing to see if a compromise can be worked out and that they understand what did happen.
If the incident occurred on the piece of property you individual own, you might be able to allege a trespass by the manager unless he had to go on to your property for some official reason.
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