Legal Question in Civil Litigation in California

Re: Dog Bite

People who are bitten on the lips when kissing strange dogs often lose their dog bite cases. They should have been singing, like my Uncle Art used to do, Bese Me, Bese Me Mucho, especially to a chihuahua. But, be a good neighbor, report the incident to your insurance company, which probably has a "no fault" provision for the payment of medical expenses for injuries occuring on your property. Her medical bills will probably be covered, but you will not be considered "liable."

Re: Dog Bite

The advice the other attorney gave you is simply wrong. Dog owners are strictly liable for dog bites. This is from the civil code:

3342. (a) The owner of any dog is liable for the damages suffered

by any person who is bitten by the dog while in a public place or

lawfully in a private place, including the property of the owner of

the dog, regardless of the former viciousness of the dog or the owner'

s knowledge of such viciousness. A person is lawfully upon the

private property of such owner within the meaning of this section

when he is on such property in the performance of any duty imposed

upon him by the laws of this state or by the laws or postal

regulations of the United States, or when he is on such property upon

the invitation, express or implied, of the owner.

Turn it over to your homeowners insurance. They should cover this.