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SAN FRANCISCO DOG BITES

A dog bite can be a horrible and traumatic injury. Not only can the injury be physically painful but it can also be emotionally frightening. The laws in California in regards to dog bites are based on either a theory or strict liability or common law negligence.

Strict Liability
In relation to a dog bite, strict liability means the imposition of liability on a party without a finding of fault. This essentially means that there does not need to be a finding of fault. It is enough that you were bitten and suffered an injury.

California Civil Code § 3342 reads in relevant part as follows:

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 statute is "designed...to prevent dogs from being a hazard to the community." Davis v. Glaschler (1992) 11 Cal.App.4th 1392, 1399. The statute places what is called a strict burden upon individuals who choose to have dogs.

Negligence
If you have not been bitten by a dog, but have been injured as a result of a dog running free you may also be entitled to compensation.

A local ordinance penalizing an owner whose dog is allowed to roam public streets unleashed is a law enacted to protect public health and safety and may impose liability. Delfino v. Sloan (1993) 20 Cal. App. 4th 1429. The courts have noted that an owner’s non-compliance with a city or county’s leash law is negligent per se. The Delfino court stated the following:

[A]n ordinance forbidding owners to “allow” their unleashed dogs to be on public property imposes a “positive duty” to prevent unleashed dogs from being present. The ordinance is violated even where there is no proof the owner intentionally or willfully caused the dog to roam loose. Its requirement that a dog must be kept on its owner's property or on a leash is violated by any owner of a dog not so confined. Delfino, at 1436.

If you have been injured by a dog owner’s negligence, please contact one of the dog bite attorneys at Allegiance Law. In your consultation we will address with you what goes into pursuing a claim, including explaining the process of bringing a lawsuit.

We are available to meet with you during business hours, evenings and weekends. Our offices are located in San Francisco, but we will be happy to drive and meet you. There is no fee for this consultation.

Please contact our dog bite attorneys at (415) 404-6395, or submit an inquiry via our web form.