Woman Attacked By A Friend's Unrestrained Dog
Ms. N was visiting a friend’s home in California when a preventable incident occurred that would result in significant injury. While on the property lawfully, she was asked to interact with her friend’s dog by offering a small snack. Unfortunately, the dog was not properly restrained, creating a dangerous situation that could have been entirely avoided.
As Ms. N extended her hand with the treat, the dog unexpectedly bit her on the upper lip, causing immediate pain, swelling, and emotional distress. This injury was entirely preventable, as California law clearly establishes the duty of dog owners to restrain animals and prevent harm to lawful visitors under California Civil Code §3342 and is supported by CACI 463.
The owner’s failure to secure the dog represented a clear violation of well-established safety rules. Ms. N had done nothing to provoke the animal or contribute to the incident, and there was no basis for apportioning any fault to her. The situation highlights the importance of dog owners taking all necessary precautions when hosting guests, particularly when pets are present, to ensure safety and prevent injuries that can have lasting physical and emotional consequences.
Through careful investigation and presentation of the facts, the case was successfully resolved, emphasizing that negligence in animal restraint can have serious, avoidable consequences.
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.
$505,000.00 (policy limits)