FACTS
The at-fault party was negligent in causing a preventable dog bite that resulted in significant bodily injury to my client. The at-fault party violated a well-established California safety requirement by failing to properly and safely restrain their dog.
My client was walking her own dog in a safe and ordinary manner when the at-fault party lost control of his pit bull. The dog aggressively pursued my client and her dog, ultimately attacking her. This entirely preventable attack caused multiple (three) dog bite wounds to my client’s right leg, requiring seventeen (17) stitches, and forced her to fall heavily onto her flexed right knee. As a result, she also sustained orthopedic injuries to her right knee.
Pursuant to California Civil Code §3342 (including CACI 463), this was a 100% preventable incident. My client engaged in no conduct that could support any apportionment of fault.
STRICT LIABILITY
Because an actual bite occurred (teeth puncturing the skin), strict liability applies pursuant to California Civil Code §3342(a). See also Johnson v. McMahan (1998) 68 Cal.App.4th 173, 176 [80 Cal.Rptr . 2d 173]. Under these authorities, liability is indisputable.
California—and the nation at large—maintains an increasingly strict stance on dog bite incidents. The law places absolute responsibility on dog owners to maintain control and restrain their dogs. This is a recognized matter of public safety, and the at-fault party’s failure to comply is precisely the type of conduct the statute was designed to address.
Photographs of The Dog Bite Injuries
Ultimately, we successfully resolved this preventable dog bite case through a favorable settlement without having to file a lawsuit.
If you or someone you know needs an experienced personal injury trial lawyer, please feel free to contact me, Mark C. Blane, at (619) 813-7955. You may also download one of my free Injury Guide eBooks directly from my website at www.blanelaw.com.