Legal Question in Civil Litigation in California

Re: Pitbulls attack and dog and child

In California the law (a State statute, actually) imposes virtually strict liability on a dog owner for injury to persons or property caused by a biting dog. (There is no "first bite is free" rule here in California.) The owners are responsible for keeping their dogs on their property and apparently their fence was not adequate for that task. The fact that there were prior incidents merely aggravates the damages, but it would be good to get written statements from the knowledgeable witnesses, since it never hurts to show prior notice of viciousness of the dogs. Take pictures of all injuries to both the girl and to her pet.

In addition to the vet bills, the owners would be liable for the doctor bills for the teenager and any physical pain and suffering or emotional trauma caused by the bites. Small Claims Court has limited monetary jurisdiction in such cases. A plaintiff cannot recover more than $7,500.00 in Small Claims.

Depending on the severity of the teenager's bite injuries, the young girl may want to bring a separate action in Superior Court, which does not have such limited jurisdiction.

Re: Pitbulls attack and dog and child

You should determine whether the dog owners have property insurance which will cover injuries caused by a Pit Bull dog. This can be done by having a lawyer send a letter to the owners requesting their insurance policy information. Note that there is a 2 year statute of limitations in which to file a lawsuit for personal injuries. However, a teenager will have 2 years from the date she turns 18.

Re: Pitbulls attack and dog and child

As attorneys Petix and McCoy suggested, this case is too big for small claims court. Call me, or some other lawyer near you, without delay. Probably the dog owners have homeowners and renters insurance that will pay the vet bill -- and possibly many thousands of dollars in damages to the teenager who was bitten. And I am sorry this happened to you.

Re: Pitbulls attack and dog and child

I forgot to mention that it probably would be a good idea to contact the police or animal control, or both, in order to get an official documentation of the incident. They would probably do their own investigation and get statements from the pit bull owners, and other witnesses, and make a report, which you could obtain as the complaining witness and these statements might be useful in your civil damages case.

Re: Pitbulls attack and dog and child

The facts as you have stated them present multiple theories of liablity against the owners from statutory violations e.g. Civil Code Sec 3342 to common law claims e.g. negligence. Almost for certain, this matter should be brought in a court of unlimited jurisdiction, and not small claims.

Most attorneys such as our firm that handle these types of cases will do so on a contingency basis, meaning you do not pay if you do not prevail. There is typically a homeowner's insurance policy (not always) in place that allows for such claims. I recommend you contact an attorney in your area without delay.

In addition to the prudent advice to document the damage to the teenager and her pet, call animal control and advise them of the incident. They have their own investigative procedures. Our firm is currently representing a victim in such a case and animal control has made repeated attempts to contact the owners of the dog in the process of their investigation.

I am not sure that the police will respond to the incident, but it is worth an attempt. The more official documentation you can present, the better.

I empathize with your situation and hope you can resolve it favorably.

Re: Pitbulls attack and dog and child

Dont go to small claims. Talk to a personal injury attorney about your case ASAP.