Dog Bite California Style

Redondo Beach, Newport Beach, Huntington Beach, Santa Monica, and other Orange County and Los Angeles cities all have one thing in common when it comes to dog bites. Dog bite California Style is the rule of law. The dog bite law in California takes precedence over the "one bite rule," that is used in some other states. The "first bite rule," and "one free bite rule" are all different names for the same legal doctrine that is used in determining if the owner of a dog or other domestic animal can be held liable for injuries that the animal may have caused. This common law protected the dog owner from civil liability if his animal had never bitten anyone before. That is why it is called the “one free bite rule”.

But it was repeatedly argued in court that the name “one bite rule” or “first bite free rule” is wrongly named because when an injury was suffered, the rule didn’t only apply to a dog bite but to other types of injuries as well. It also did not require liability if the owner had prior knowledge the dog had the propensity to bite. But once a dog had bitten the first time, any bites after that, the owner was to be held strictly liable. This actually worked against the owner if the victim was antagonizing the animal or if the dog bit someone while protecting the property or person of the owner. The owner was still liable. Eighteen states in the U.S. use the “one bite rule”. The others have modified dog bite rules.

California Civil Code section 3342 (part a), states the following:
3342. (a) 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. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner.

The above portion of California Civil Code section 3342 is only part of what is known as California’s dog bite rule. The Civil Code makes dog bite California style a liability or Knowledge “scienter” Rule. This “scienter” rule makes the owner liable for any injuries caused by a dog whether he has prior knowledge that the dog might bite or not. Simply stated, the owner is liable just because he owns the dog and is legally responsible for what it does. Some owner protections do apply in certain circumstances however, such as if the dog-bite victim was trespassing or not or the dog was provoked.

In all dog bite cases, consulting a California Dog Bite lawyer is highly recommended.
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Dog Bites and Personal Injury Attorneys Go Together

We have all seen it happen before. A young couple is happily riding their bicycles down a quite country road. Thoroughly enjoying the scenery and the exhilaration of exercise, they seem to have no cares in the world. Suddenly, out of nowhere, a vicious dog comes rushing out from behind the bushes trying to attack the young woman. The young man heroically tries to get in between her and the dog. But the dog savagely bites his hand before he is able to position his bicycle in between the dog and himself and his friend. Luckily the young woman is spared from being bitten but the young man has suffered a bad tear to the tendons in his hand, not to mention the fright of his life.

We have all heard about the time the older woman is whooshing her beloved dog out the sliding glass door for his potty break. The dog is in no mood to go out and turns to snap at the woman but instead bites the young boy she is baby-sitting. The young boys face is badly bitten and torn and he must be taken to emergency for stitches. Attacks from dogs like these happen daily. The City of Anaheim has documented police reports of many such cases. They happen so often that many people have traumatized dog bites. Many psychiatrists treat these people for PTSD, otherwise known as Post Traumatic Stress Syndrome.

Dog bites and Personal Injury attorneys seem to be tied together in Anaheim and other cities in Orange County. Who is to be held liable for these types of injuries? In Anaheim, dog bites are common grounds for personal injury lawyers to meet with clients to determine the liability of the owner.

Many dog bite injuries have resulted in very large medical bills to the victim. The need for rabies vaccinations may be necessary. Psychological damage and a fear of dogs may last a lifetime. Post Traumatic Stress Syndrome may arise and plague the victim for the rest of his life. Time off work may be necessary resulting in lost wages and permanent physical damage may be sustained.

It is the dog owners’ responsibility to maintain control over his animal. Anaheim laws regarding pet ownership can be complicated. Many factors play into the liabilities of the owner in these cases. Personal Injury Attorneys can help sort this all out.

If you have been the victim of a dog bite injury, consult a personal injury lawyer who is experienced in dog bite compensation claims. If you know a friend or loved one has been bitten, they should be advised to seek professional legal representation also. Dog bites and personal injury attorneys do go together.
If you have suffered a dog bite attack then you need a dog bite attack lawyer who knows the laws that protect dog bite victims in Orange County experienced dog bite attack attorneys can be reached at 888-400-9721.
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Help, I'm Being Bitten and the Dog Won't Stop

Help, I'm Being Bitten and the Dog Won't Stop
By Michael Ehline

Stop you're biting me! How many times have you said that to your own dog? Did you know that puppies if they are not trained well in puppy hood would grow up to be biters? Since dogs were once pack animals they would bite to warn their fellow pack members if the play was getting too rough. It was and is a natural instinct they have.

But you must train your dog to control that instinct to bite when interacting with people. Every month dog owners can be heard telling dog obedience instructors " Help, I'm being bitten and the dog won't stop!" Training is expensive but the price not anywhere nears the costs you can incur if you do not have your dog trained. Do you know the penalties for not training your dog to control his bite behavior? In Santa Monica, there a rule of law. It is called "the first bite rule". Each state will have it's own dog bite rules. Personal Injury lawyers are well versed in the laws of their state. If the dog owner can prove that they were acting responsibly but their dog still bit someone, they will not be held liable for the first bite. If there is a leash law in the community, the dog owner will have to prove that they were obeying that law by keeping their animal on a leash. The first bite rule would not be in effect if the dog owner knew their pet had the tendency to bite.

The dog owner is liable when their dog bites and can be sued in a court of law for damages. However the dog owner will not be liable if he or she can prove that the victim provoked the dog or if the victim was a trespasser. Santa Monica and other cities throughout Orange County all have dog bite lawyers who have many experiences in cases of this type. The owners of dogs used in military exercises or police work will not be held liable if their dogs bite. The dogs are actually working and doing their jobs in these cases.

Dog bites can cause serious bodily damage to the victim. There can be the after affects of the trauma of being bitten and attacked by a dog. Post Traumatic Stress can develop. Victims of dog bites should seek out qualified Dog Bite Attorneys as soon as possible after a dog bite. California is famous not only for fun in the sun, but also for dogs at the beach and off the leash. Lacerations, cuts and bruises as well as rabies from dog attacks in CA require California dog bite lawyers in cities like Redondo Beach, Dog Beach, Ocean Beach, and even Santa Monica dog bite attorneys when attacked on the west-side in LA County.

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Close Call In Santa Monica For Police and Potential Dog Attack

The Santa Monica Police officer walked quickly out of the locker room. With any luck, his shift would be uneventful tonight. First call was a petty theft that he handled it with ease. The rest of his shift was filled with traffic stops. Anticipating a quiet meal, he was irked when he got a call to respond to reports of a motorcycle theft.

As he drove up to the house, he was not expecting what happened next. He got out of his patrol car and headed up the walkway to the house to take the report. There was a man working on his car in the driveway. Two small children were out in the front yard playing in the sprinklers. Just then, he heard a low growl. A large dog aggressively approached giving a threatening growl.

It all happened so fast. The officer quickly drew his weapon, pointing it at the dog. “Hey mister, call off your dog or I’ll have to shoot him!” he yelled at the man under who was now under the car. No response. The officer almost took his shot but just then the two little kids ran down the sidewalk to run into the house.

The dog stopped. His muzzle was at the officer’s crotch. By then the officer was touching the dog’s head with the barrel of his gun, he could feel the dogs’ hot breath on him. For some reason the dog just looked up at the officer but did not bite.

Finally the backyard mechanic called his dog off. That was a close call in Santa Monica!

If it could happen to a police officer it could happen to you. Dog bites in Los Angeles County cities like Santa Monica, Huntington Beach, and Los Angeles are common. The stray dog roaming the street or your own family pet can be known to bite. Dogs bite small children quite frequently. Any dog can bite given the right set of circumstances. Some breeds are well known for their biting tendencies. Man’s best friend can quickly become a menacing foe for any stranger walking down the street.

A dog bite can cause great pain and take a long time to heal. Not only are they physically painful but they can also cause great monetary damage to the victim. A Dog Bite Attorney can help you be compensated for your pain and injuries. The experts know the law and know just how to win your claim. Various factors can come into play when trying to win a personal injury claim. Hopefully you will not have your own close call in Santa Monica but if you do, contact a qualified Personal Injury Lawyer for help.
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