Maria Cavalluzzi Personal Injury Law Blog on Lawyers.com

What to Do if You Are the Victim of a Dog Bite

Wednesday, September 23, 2009 by Maria Cavalluzzi

A DOG CAN BE A VICIOUS AND DANGEROUS ANIMAL WHOSE OWNER WILL BE LIABLE FOR ANY AND ALL DOG BITES INFLICTED ON ANY PERSON (IN THE STATE OF CALIFORNIA)

A dog is a man’s best friend. Many families have a loving and loyal dog that they consider part of their family. So many of us love our dogs, but we must also remember to take proper care of them, train and socialize them well, and take care that a loved one does not become the victim of a serious dog bite.

The State of California imposes Strict Liability on dog bite owners pursuant to the California Dog Bite Statute, California Civil Code §3342. This means the dog’s owner is liable for any dog bite inflicted by their dog whether on or off their property and whether or not the dog has ever been known to bite, or otherwise exhibit vicious or aggressive behavior. Thus, the so called “one free bite” rule does not apply in the State of California.

Defenses to this strict liability include 1.) That the victim was trespassing, 2.) That the victim provoked the dog, and, 3.) That the victim’s own negligence contributed to the dog bite occurrence. These defenses will be advanced by the dog owner and his insurance company every chance they get, even when the defenses do not apply. Beware of this effort to BLAME THE DOG BITE VICTIM. Walking up to someone’s front door or gate with a lawful purpose is not trespassing. Making a sudden movement is not provocation.

Attorneys Maria Cavaluzzi and Adam Silverstein are equipped and ready to advance the most successful legal arguments to insure that the clients of Cavalluzzi & Cavalluzzi are justly compensated for serious dog bite injuries.

For a list of What to Do if You Are the Victim of a Dog Bite, please visit our website at lawyersonsunset.com. Article provided by Personal Injury and auto accident attorney in Los Anegeles, Maria Cavalluzzi, AKA Maria Cavaluzzi.

Posted at 15:06 PM

Topic: Personal Injury