Legal Question in Personal Injury in California
Bitten by guard dog at a place of business...
Yesterday, I was bitten by a guard dog at local business.
As I approached the gate of the tow yard a large dog came towards me barking. I had not yet entered the yard. The gate was pushed open, as a large truck was in the process of leaving the premises. The dog came towards me and continued barking at my feet as I began to scream and cry frozen in place. My 5 year old son ran and hid behind a nearby tree and the dog then bit me in the calf. The two owners of the yard then called off the dog and asked if I were okay. The bite was not too bad - the bite broke slightly broke the skin and it is bruised. The ''beware of dog'' sign was on the gate entrance, but since the truck was pulling out ....it was not visible. I never even entered the yard, the dog came out towards me...is the owner of the tow yard liable for damages, etc?
5 Answers from Attorneys
Re: Bitten by guard dog at a place of business...
Strict liability applies. The owners are liable. However, at the end of the day, it will come down to your amount of damages whether physical, psychological, economical, etc. Perhaps there is even a negligent infliction of emotional distress that your son can bring against the owner of the tow yard if your son is suffering some psyche difficulties. Please feel free to discuss this with me further.
818.943.0462.
Best regards,
David B. Lupoff
Re: Bitten by guard dog at a place of business...
or the owner of the dog, Absolutely,
Joel
JOEL SELIK Attorney at Law
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Re: Bitten by guard dog at a place of business...
I believe you have a legitimate claim against not only the owner of the tow yard, but also the owner of the guard dog. Your son may also have a legitimate claim against the same for bystander negligent infliction of emotional distress. That is, provided there was no provocation, trespass or assumption of the risk. Please feel free to contact me to discuss this further. My contact information is as follows: Tyler J. Barnett, Esq., LAW OFFICES OF TYLER J. BARNETT, P.C., 11755 Wilshire Blvd., Suite 1170, Los Angeles, CA 90025, TEL: (310) 312-1102; FAX: (310) 473-0708.
California Civil Code section 3342 imposes strict liability on the owner of a dog when the dog bites a person. In this State, a dog does not get "one free bite."
Civil Code section 3342 represents a fundamental determination of legal policy by the California Legislature that the risk of a dog unexpectedly biting a person is to be borne by the person who has chosen to own that dog and thus create that risk for society, even when the owner is not at fault in any way and has no reason to know that the dog is vicious. The statute is "designed...to prevent dogs from being a hazard to the community." Davis v. Glaschler (1992) 11 Cal.App.4th 1392, 1399. The dog owner has created an unavoidable risk for society and therefore should be held responsible for the consequences of that risk.
In interpreting Arizona's identical dog bite statute, the Supreme Court of Arizona has held that this statute means that "the owner is virtually an insurer of the dog's conduct." (Massey v. Colaric (1986) 151 Ariz. 65, 725 P.2d 1099, 1100.
Where plaintiff saw a dog barking with hostility inside a fenced yard, and plaintiff opened the gate to the yard and went inside, plaintiff was deemed to have assumed the risk of being bitten. Gomes v. Byrne (1959) 51 Cal.2d 418. But here in your situation, you were tno teh one who opened the gate.
The local laws of the city or county may provide for broader liability than state law. Again, please feel free to contact me.
Re: Bitten by guard dog at a place of business...
yes. the owner of the dog will be liable and you will be able to recover for any damages you sustained.
Re: Bitten by guard dog at a place of business...
The owners of dogs in the State of California are Strictly Liable for dog bites. If you are located in Southern California you may call me at 818-427-6246 for a free consultation. Norm
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