Legal Question in Personal Injury in California

Re: Aggressive dog

You can sue the owner of the dog for an injuction. Or, you can wait until the dog bites and then sue the owner for damages. A dog owner is strictly liabile for his dog biting someone. This means you do not have to prove negligence, you just have to prove that the dog bit and injuried. Since the owner is on notice of the agressive nature of the dog, the owner could be liable for punitive damages. Keep the kids away. You may also want to send a letter to the owner of the dog warning of the agressive nature of the dog.

Re: Aggressive dog

You or parent can sue owner and landlord based on info received. Need more info to properly counsel you.

Re: Aggressive dog

Daniel Harrison adequately covered one aspect of this case, I'll cover the other. You do not have to wait until the dog bites the kids because according to your question, HE ALREADY DID! Did the dog bit the 10 and 8 year old at the same time or was there a period of time/notice between the bites. This will determine "punitive damages" because the owner of the dog has been placed on notice that his dog bites and failed to act. Was the skin broken on either child?

In regards to the landlord, you may have a cause of action against him as well if he has had notice that his tenants own a dog that bites and failed to act (To know for sure whether there is any liability against the landlord I will have to look into this further). I would argue that the landlord could have requested the tenant to get rid of the dog or quit the lease. Here, it looks like the landlord did neither, and he may have had notice between the two bites. Notwithstanding, if you would like to discuss this further please give me a call at 818.943.0462.

Re: Aggressive dog

Yes. You have recourse. What are you willing to spend? Unless the injuries to the children are pretty severe, the personal injury aspect of the case is not worth much. But, you can get a protective order.

Re: Aggressive dog

Call the police and report the dog bites. This should result in the SPCA coming out to invenstigate the status of the dog. Has the dog had a rabies shot etc. Further the usual procedure is for the dog to be quarantined for 10 days or something like that. This should bring home to these people the serious nature of their dog's conduct.

Re: Aggressive dog

The owner of the dog is strictly liable for any damage or injury caused by the dog. Also, you can petition to have the dog destroyed.

Now that the landlord is aware of the dog's propensities, the landlord may be liable for any injury or damage caused while the dog is on the landlord's premises.

Please contact me if you have any further questions.