Dog Bite Injury | Lawsuits
Dog bite injury lawsuits are generally based on a claim of strict liability and or negligence.
Dog Bite Statute | Strict Liability
California law provides that an owner of a dog is strictly liable for the injuries suffered by anyone who is bitten by their dog.
California Code Sec. 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.
California’s dog bite statute imposes strict liability on the owner of the dog regardless of whether the dog was confined in a yard, restrained, on a leash, or running loose when it bit, and even if the bite itself does not break the victim’s skin or injure tissue.
Example Scenario 1: Doug owns a friendly Rottweiler. He is playful and when Jessica visited their home, the dog went up to greet her. But when the dog got to her, he put his teeth around her leg. Jessica was startled when she felt the dogs teeth and she jumped out, out of her chair. When she landed she severely fractured her ankle. Doug would be strictly liable for Jessica’s injuries and lost wages.
San Diego’s Leash Law | Negligence Code
The County of San Diego has ordinances that require anyone who owns or has control of a dog from preventing the dog to be loose on the street, and without a leash.
Section 62.669(a) – Restraint of Dog Required: A dog’s owner or custodian or a person who has control of a dog shall prevent the dog from being at large […].
Section 62.669.1: Requires a dog’s owner or custodian or other person having control of a dog to exercise ordinary care to prevent the dog from attacking, biting or otherwise causing injury to any person.
Most, if not all of the cities within San Diego County, including the City of San Diego have adopted these two County ordinances as their own.
Dog Bite Injury | Negligence
The elements of a cause of action for negligence are well established and include the following:
- A legal duty to use reasonable care;
- A breach of the duty to use reasonable care; and
- A breach of the duty to use reasonable care which resulted in economic and or non-economic damages (i.e. physical injuries) suffered by the victim.
Ordaz Law, APC | Dog Bite Lawyer
Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking a dog bite 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 traumatic and debilitating injuries, and suffered ultimate losses.
Call (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego dog bite 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
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.