Legal Question in Personal Injury in California
Dog bite liability
Is a dog owner responsible when the dog bites someone, who did not tease the dog, but put his face close to the dog thinking it was friendly.
5 Answers from Attorneys
Re: Dog bite liability
Perhaps. However, there are a lot of variables here, thus, I ask that you contact my office for a free consultation at 1.877.505.INJURY.
Re: Dog bite liability
I think the dog owner is liable whether there is provocation of the dog or not. If you get involved in a claim or lawsuit call us at 213.388.7070 for a free consultation.
Re: Dog bite liability
Under California statutory law, the owner of a dog is strictly liable for the damages suffered by any person bitten by the dog, whether in a public place or on the property of the owner, if the person bitten is on the property at the invitation, express or implied, of the owner. Liability attaches regardless of whether the dog had a history of viciousness or whether the owner of the dog knew the dog was vicious. See Calif. Civil Code, Section 3342, subdivision (a).
So, as the other attorney said, the owner of the dog is liable for damages to the person bitten, unless the victim was trespassing on the dog owner's property.
I suppose that the dog owner may argue that the person bitten was contributorily negligent by putting his face in the dog's face, and that might reduce the damages awarded, but should not cancel them, in view of the strict liability imposed by the law cited above.
Re: Dog bite liability
I can say without hesitation: the dog owner in your case is RESPONSIBLE. That's what's called "strict liability." The only exception would be if you were trespassing. It sounds like you may have a nasty injury too. You should have a lawyer. Call me toll-free at 800-LION-FOR-LAW