Legal Question in Civil Litigation in California

Dog Bite recovery denied

My 2 dogs were fighting. My renter put her hand in one of the dog's mouth to try to stop fighting. I want her to sign something stating this just in case as per Gomes v. Byrne (1959) 51 Cal.2d 418. , she would be denied recovery as she nowingly assumed the risk. Am I correct?


Asked on 4/19/08, 8:32 pm

2 Answers from Attorneys
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: Dog Bite recovery denied

My $0.02: I can't think of any reason why she would voluntarily sign such a document, as she would know, or should know, it's only purpose is to be used against her. So as a practical matter I doubt that's going to happen. If she does pursue a claim against you, whether she assumed the risk, and whether this is a valid defense to California's dog bite law, which seems to read as applying strict liablity for dog owners under most circumstances, is something the judge/jury will have to decide.

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Answered on 4/19/08, 10:12 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Dog Bite recovery denied

Don't give her anything to sign. If she sues, call your insurance carrier.

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Answered on 4/19/08, 10:58 pm


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