Dog Bites

We are aggressive attorneys experienced with dog bite claims and claims for scarring and other injuries from dog bites. A dog bite can be a highly traumatic event and result in serious injury. More than half of all dog bite victims are children. National figures estimate that 60% of dog bite attacks happen in the home, either by the family dog or a friend’s dog.

Often, a bite will result in permanent scarring, nerve damage and a significant risk of infection. We fight aggressively for compensation for all aspects of these claims, including psychological harm if present, which can last well beyond the physical injury.

Many people believe the "every dog is allowed one bite." This is simply not true in California. Good prior behavior of the dog will not exonerate the owner from responsibility.

California’s dog bite statute (Civil Code 3342), says, "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...."

Of course, knowledge on the part of the owner of that a dog has bitten someone means that the owner must take reasonable steps to remove any danger this dog poses to others. (Civil Code Section 3342.5.)

Ownership of a particular dog can usually be established by licensing and vaccination records, as well as by the testimony of witnesses. In most dog bite cases, there would be significant physical evidence of a dog bite, and photographs should be taken immediately. These are the two elements which would need to be proved.

A defense frequently asserted is that a child in some manner "provoked" the dog and is actually responsible for a resulting bite. It is common for an insurance company to try to get out of a claim by asserting this defense. This assertion is often incorrect.

If you or your child has been bitten by a dog, then it is strongly recommended that you contact our office immediately for advice.

**This site deals only with the law in California.

The Law Offices of
Mulligan and Banham
619.238.8700
FAX: 619.238.8701
2442 4th Avenue Suite 100
San Diego, CA  92101
info@janmulligan.com