Legal Question in Personal Injury in California

I am named as defendant in a civil suit (small claims court) in the County of San Diego, California. My leashed dog on private property bit a girl. We were in a corridor in the complex where I reside and she ran into the corridor where my dog and I were walking. There was blind spot and I did not see her coming and she was running so fast. The girl did not fall down and there was minor wound above her right eyebrow with minimal bleeding. The EMT team did not even think she would need stitches. In defending myself in small claims court how do I argue that she was trespassing (she was not a tenant of the complex nor visiting a tenant in the complex). How do I prove that my dogs behavior was provoked (he has never bitten anyone before)?


Asked on 8/27/09, 2:55 am

1 Answer from Attorneys
Brian Dinday Law Offices of Brian R. Dinday

The lack of prior bites is irrelevant. Your liability is automatic by statute (Civil Code Sec. 3342), if the victim was in a place she had a right to be. So the question is: why was she in the building? You only say she was not a tenant nor visiting one. Was she delivering papers? Selling Girl Scout Cookies? You are leaving something out.

As far as her behavior "provoking" your dog, if your defense depends on convincing the judge that anyone who runs in the vicinity of your dog deserves to get bitten in the face, I suspect it will be a hard sell.

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Answered on 8/27/09, 10:14 am


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