BRIEF FACTS
The at-fault party was negligent in causing a preventable dog bite that resulted in permanent bodily injuries, including facial scarring, to a minor child. The at-fault party violated a well-established California safety requirement by failing to properly and safely restrain their dog. The minor child was lawfully on the at-fault party’s property at the time of the incident, pursuant to California Civil Code §3342 (including CACI 463). This incident was entirely preventable.
The minor child engaged in no conduct that could support any apportionment of fault. The at-fault party’s unrestrained dog charged and bit the minor child multiple times in the face, causing severe wounds that became infected. As a result, the minor child required hospitalization for four days, prescription medication, and continuous 24-hour monitoring, including the administration of rabies vaccines. These injuries have left her with permanent facial scarring.
LIABILITY
Based on the foregoing, liability is not in dispute. Please also see Strict Liability, below.
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 unequivocal.
The anti–dog bite climate in California—and nationwide—underscores the seriousness of this matter. California imposes strict responsibility on dog owners to control and restrain their dogs, recognizing this as a public safety priority. The at-fault party’s failure to comply with these standards is precisely the type of conduct the statute is intended to address.
Ultimately, we successfully resolved this preventable dog bite case through a favorable settlement (policy limits).
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.
Settlement: $301,000.00