Dog Bite Attorney | Personal Injury

Ordaz Law, APC is the law office of San Diego dog bite attorney Juan J. Ordaz Jr.  Known throughout the legal community for his dedication and perseverance, Juan J. Ordaz Jr. prides himself on the devotion he dedicates towards the representation of his clients’ injury cases. He is a personal injury lawyer focused on excellence and client satisfaction.

  • Continue to read and learn about California’s dog bite statute.

About Ordaz Law, APC – A San Diego Personal Injury Attorney, and his Distinguished Case Results.

We have recovered millions on behalf of accident injury victims.

dog bite attorney

California’s Dog Bite Statute

Dog owners (as well as though who are charged with the care of a dog) are strictly liable for any harm suffered by a plaintiff from a dog bite.  Strict liability attaches to the owner of the dog for injuries from a dog bite no matter how careful the owner was in guarding or restraining their dog from biting anyone.

Strict Liability | California’s Dog Bite Statute

Cal. Code Sect. 3342. (a):  The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness […].

Dog Bite Lawsuit | Elements

To establish strict liability against a defendant in a dog bite injury lawsuit, the plaintiff must prove all of the following elements:

  • That the defendant owned (or cared) for the dog that harmed the plaintiff;
  • That the plaintiff was harmed;
  • That the plaintiff was harmed when the defendant’s dog bit the plaintiff; and
  • That the dog bit the plaintiff while the plaintiff was in a public place or lawfully on private property.

Dog Bite Statute | “Dog Bite” Defined

It is not necessary for the bite of the alleged dog to break the skin of the plaintiff for strict liability to attach per California’s strict liability dog bite statute. It is enough for the dog to have any part of the plaintiff’s body in its mouth.

Example Scenario 1: Ben is walking past Miguel’s house on Elm Street in San Diego. Miguel owns a German Shepard named Buddy and keeps him fenced up in his yard. As Ben was walking past Miguel’s house, Buddy barks at him and reaches for his leg through the fence. Buddy gets a chance to slightly put the lower part of Ben’s leg in its mouth before Ben hurriedly moves his leg away. In the process of moving from being fully bitten, Ben falls of the sidewalk, tearing his right (knee) ACL in the process. Miguel would be held strictly liable in this case for Ben’s knee injury.

Dog Bite Statute | “Lawfully on Private Property” Explained

A plaintiff is considered to be lawfully on private property of the owner if they were performing any duty required by law or were on the property at the invitation, express or implied, of the owner.

Example Scenario 2: Miguel orders cable to be installed at his house. Ben works for Cox cable. He goes to Miguel’s home to install new service but Miguel is not home. Still, Ben enters Miguel’s yard to start the installation.  Miguel’s German Shepard, Buddy runs toward Ben and bite hims. Miguel would be held strictly liable in this case for Ben’s bite injury.

Ordaz Law, APC | Dog Bite Attorney

Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking a dog bite attorney in San Diego County.  We help victims suffering from a variety of injuries, who have sustained their injuries through dog bite injury producing incidents.  We believe that it is a necessity to represent people who have sustained these traumatic and debilitating injuries.

Call (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego dog bite attorney.

We are for Justice no Matter Who it’s for or Against.

Learn More:

What is the Statute of Limitations for a Personal Injury Action?

What Should You Expect from Your Personal Injury Attorney?

What Should You Expect from Your Injury Lawsuit?

Will My Personal Injury Case Go To Trial or Be Settled?

Premises Liability | Personal Injury

Strict Liability | Personal Injury

Dog Bite | Personal Injury

Blog: Personal Injury

Blog: Dog Bites

Dog Bite Liability | Explained

Sources and Useful Links:

Cal. Civil Code Sect. 3342(a).

County of San Diego, County Code of Regulatory Ordinances, Chap. 6 Animal Control.

City of San Diego Municipal Code Article 4, Division 3: Animals Section 44.03000.

Tumblr
Like us on Facebook
Follow us on Twitter 
Google+

Dog Bite Liability | Explained

San Diego is one of the top dog friendly cities in the U.S.  While a dog may be a man’s best friend, some may cause severe injuries upon biting an adult or child. Dog bite injuries have been known to result in permanent disfigurement, nerve and tissue damage, as well as psychological trauma.  Dog bite injuries result in strict dog bite liability for dog owners.

  • Continue to read and learn about dog bite liability in personal injury claims and lawsuits.

About Ordaz Law, APC – A San Diego Personal Injury Attorney, and his Distinguished Case Results.

We have recovered millions on behalf of accident injury victims.

dog bite liability

Dog Bite Liability | Overview

Under California law, dog owners are strictly liable for any injuries caused by their dog after biting someone.  If you have been bitten by a dog, you can file a personal injury claim and lawsuit against the dog’s owner based on the following statute:

The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’ s knowledge of such viciousness. A person is lawfully upon the private property […] when he is on such property upon the invitation, express or implied, of the owner.  Cal. Code Sect. 3342. (a)

Dog Bite Liability | Personal Injury

Depending on the nature of your dog bite injury and subsequent losses, you may be able to request economic and non-economic compensatory damages from a jury.  Compensatory damages are awarded to the plaintiff to make them whole for the losses they incurred as a result of the dog bite. Juries typically award four basic types of compensatory damages for dog bite injuries which include the following:

  • (past and future) medical expenses;
  • (past and future) lost wages;
  • (past and future) pain, suffering and mental distress; and
  • disfigurement.

Example Scenario 1: Ebony is walking home from school one day. She is 13. At the same time, Jose’s dog Butch, escapes his yard and is running around loose in the neighborhood. Butch sees Ebony and attacks her. Ebony suffers great pain and injury from the bite to her leg and is also badly disfigured. Ebony’s doctors say that the bad scaring may be revised but only until she turns 18. In the meantime, Ebony feels great embarrassment for her scaring and refuses to wear shorts or dresses. Here, Jose would be strictly liable for Ebony’s pain, suffering, disfigurement, future medical bills, and embarrassment.

Ordaz Law, APC | Dog Bite Liability

Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking a dog bite liability, personal injury lawyer in San Diego County.  We help victims suffering from a variety of injuries, who have sustained their injuries through dog bite injury producing incidents.  We believe that it is a necessity to represent people who have sustained these traumatic and debilitating injuries.

Call (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego dog bite liability, personal injury lawyer.

We are for Justice no Matter Who it’s for or Against.

Learn More:

What is the Statute of Limitations for a Personal Injury Action?

What Should You Expect from Your Personal Injury Attorney?

What Should You Expect from Your Injury Lawsuit?

Will My Personal Injury Case Go To Trial or Be Settled?

Premises Liability | Personal Injury

Strict Liability | Personal Injury

Dog Bite | Personal Injury

Blog: Personal Injury

Blog: Dog Bites

California’s Dog Bite Statute

Sources and Useful Links:

Cal. Civil Code Sect. 3342(a).

County of San Diego, County Code of Regulatory Ordinances, Chap. 6 Animal Control.

City of San Diego Municipal Code Article 4, Division 3: Animals Section 44.03000.

Tumblr
Like us on Facebook
Follow us on Twitter 
Google+