California Dog Owners Strict Liability Law
California Dog Owners Strict Liability Law
In California, dog owners are held strictly liable for injuries caused by their dogs. This means that regardless of the owner’s knowledge of the dog’s dangerous propensities, they will be liable for any harm caused by their dog. The purpose of this paper is to explore the California Dog Bite strict liability law, its history, and how it differs from other states.
History
The California Dog Bite strict liability law was enacted in 1931, after a series of court decisions had established the principle of “scienter” liability. The scienter liability rule required the plaintiff to prove that the owner had knowledge of the dog’s dangerous propensities, and had failed to take adequate precautions to prevent injuries. However, the California court recognized that the scienter liability rule was inadequate in protecting plaintiffs from dog bite injuries, and they needed a better legal protocol to protect the victims.
In 1931, the California legislature enacted the Dog Bite statute, which provides that “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. The statute applies regardless of whether the owner knew of the dog’s viciousness or had taken any measures to prevent the dog from harming others.”
Strict Liability
Under the California Dog Bite strict liability rule, the plaintiff does not have to prove the dog owner’s knowledge of the dog’s dangerous propensities. The plaintiff must prove that the dog bit them, and they suffered damages as a result. The dog owner is presumed to have knowledge of the dog’s dangerous propensities, regardless of their past behavior, and the plaintiff does not have to prove that the dog was actually vicious.
Exceptions
However, there are exceptions to the California Dog Bite strict liability rule. If a person is bitten while trespassing on private property, or while provoking the dog, the strict liability rule will not apply. Additionally, the strict liability rule does not apply to police or military dogs that bite while performing their duties.
Comparison with Other States
Many other states have adopted strict liability rules for dog bite injuries, but some states have enacted more restrictive laws. In some states, the strict liability rule only applies when the dog owner knew or should have known of the dog’s dangerous propensities. In other states, the strict liability rule only applies to certain breeds of dogs, such as pit bulls or Rottweilers.
Conclusion
The California Dog Bite strict liability law provides an easier path for victims to obtain compensation for injuries caused by dog bites. While it is not perfect, the strict liability law provides a clearer standard for accountability than the former “scienter” liability rule. It is important for all dog owners to take responsibility for their animals, and take precautions to prevent dog bite injuries. With this law, victims can get justice even if it means the owners being held accountable for their animals.
Eduard Braun, ESQ
Law Office of Eduard Braun, P.C.
What Should I Do if an Attorney Tells Me They Cannot Take My Case?
Call the Law Office of Eduard Braun, P.C. for a second opinion.
Here is what you should know if the attorney firm you call tell you that your case is too small for them to handle. First, ask questions about why they think it is too small because you need to know what you are dealing with when it comes to your case. It is always a good idea to get a second opinion. Here are some possible answers you might get:
- Your damages are too small for the attorney to get involved.
- Although you claim to be injured, the auto body damage is very minor to justify a claim.
- The party at fault does not have insurance.
- You are at fault and you got injured, but you do not have automobile insurance.
- Your case is a small claims case. You will need to represent yourself as attorneys are not allowed,
- The amount of money asked for in case compensation is not enough to cover attorney fees as well as your own compensation,
- The attorney firm you called is already booked to the brim with high-profile cases and they cannot take any other cases (also a polite way of saying “no” to you),
- You do not have money to outright hire an attorney to help and the attorney does not do Pro Bono work,
- Your case may be too weak to ensure success in the court system.
Small claims court deals only with cases where the parties involved, represent themselves. No attorneys are allowed. Whenever you plan to take on a case by yourself, you must spend time researching similar cases to see what the processes and outcomes were. The financial limitations for recovery is between $10,000 in a California Small Claims court, depending on the entities involved.
Setting Your Strategy
- Write down all the facts of your case, such as a time outline, where who did what, and when,
- Collect all your evidence and if there were any witnesses to an event in the case, then get signed statements from them and get them notarized,
- Go to the closest law library and talk with a librarian who can show you where to look for the information you need to review for your case,
- Make copious notes, scan journal and book pages with your smartphone (you’ll need an app for that), and search on the internet for legal information and cases,
- Call a local law college to see if anyone might be interested in helping you. Speak to a law professor who might have a law student willing to help for free in exchange for extra credits and a case study write-up,
- Know what is expected of you in a California court of law. California Rules of Court.
California has several free resources you can access at the following links:
- Self-Help Centers - https://www.courts.ca.gov/selfhelp-selfhelpcenters.htmFamily Law Facilitators - https://www.courts.ca.gov/selfhelp-facilitators.htm
- Small Claims Advisors - https://www.courts.ca.gov/selfhelp-advisors.htm
- Pro Bono Opportunities Directory - https://www.calbar.ca.gov/Access-to-Justice/Pro-Bono
- Representing Yourself - https://www.courts.ca.gov/1076.htm?rdeLocaleAttr=en
Call the Law Office of Eduard Braun, P.C. to get assistance with your case if you have a traffic accident, a personal injury case, workers’ compensation, or another issue. Offering free consultation to give you the help you need.
Toll-free: 877-533-4LAW or 818-796-4LAW (4529)
You as a Passenger in an Accident? What are Your Rights?
Were You A Passenger In An Accident?
What Are Your Rights?
The State of California follows at-fault negligence laws. This means that an injured person in a car accident must prove the liability of another party in order to recover compensation. It is easier when liability is clear and one party accepts full liability and pays for the economic and non-economic damages of an injured driver or passenger. (It is still advisable to have an attorney working on your side to make sure you receive everything you are entitled to). Economic damages are any monetary losses including medical expenses, loss of earnings, and other out of pocket proven expenses. Non-economic damages or non-monetary losses such as compensation for pain, suffering, inconvenience, emotional distress, loss of society and companionship, loss of consortium and other damages that do not have a specific dollar amount attached. When liability is not clear, then it may become more complicated to determine who should pay for the damages incurred. As a passenger, in situations when liability is not clear, you may be able to collect from the insurance of the car you were a passenger at or the other insurance of the car involved in the accident, based on California Civil Code §1431, Joint and Several Liability.
“Joint and several liability” comes into play in a personal injury lawsuit involving negligence causes of action or an intentional tort asserted against multiple defendants. Joint and several liability allows a plaintiff to sue for and recover the full amount of recoverable damages from any defendant, regardless of a particular defendant’s percentage share of fault. “One of the principal by-products of the joint and several liability rule is it frequently permits an injured party to obtain full recovery for his injuries, even when one or more of the responsible parties do not have the financial resources to cover their liability.” (American Motorcycle Assn. v. Superior Court (1978) 20 Cal.3d 578, 590.)
Proposition 51, which was adopted in California 1986, provides: “in any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of each defendant for non-economic damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of non-economic damages allocated to that defendant in direct proportion to that defendant’s percentage of fault, and a separate judgment shall be rendered against that defendant for that amount.” California Code of Civil Procedure§ 1431.2(a). Proposition 51 has been described as a “compromise measure” that “sought to balance the interests of injured parties who have sustained considerable damages caused by several tortfeasors, one or more of which is insolvent, against unfairness” of the old rule, which often resulted in “a minimally culpable tortfeasor being held liable for the entirety of a plaintiff’s damages.” Thomas v. Duggins Construction Co., Inc., 139 Cal. App. 4th 1105, 1110 (Cal. Ct. App. 2006). This means that Joint Liability is an obligation imposed on both parties and the injured person may collect the full amount of economic damages from both or one of the parties, as long as the total collected is not more that 100% of the economic damages. Several Liability is the obligation of each party to pay for non-economic damages based on the percentage of actual fault. For example: the injured passenger, can sue each driver connected to the accident for a certain percentage of non-economic compensation. One driver may be liable at 75 percent, while another is liable for 25 percent for compensation to a passenger’s injuries.
The Uninsured Driver
If a driver in a car in which you were a passenger, was at fault but he did not have the proper insurance coverage, you, as the injured passenger, may still recover for your medical bills incurred as a result of the accident. The Law Office of Eduard Braun, P.C. will inform you of all the options available to you under California Law and according to your specific circumstances. Moreover, if the at fault driver does not have insurance coverage, the driver may be able to recover his economic damages, medical bills from the other party.
Important Things to Know
If you are an injured passenger in a vehicular accident, never try to connect with the liable insurance companies yourself. Hire a personal attorney who can explore all options available to you and advise you on the best course of action. Let the attorney deal with the insurance companies on your behalf. In case of death, your surviving family members can act to recover losses, based on California’s wrongful death laws, using a personal injury attorney. You may also need to have a will or trust set up that defines family members and inheritors.
Call the Law Office of Eduard Braun, P.C. to get assistance with your case if you have been injured in a vehicular accident. Offering a free consultation to give the help you need.
Toll free: 877-533-4LAW or 818-796-4LAW (4529).
Symptoms of TBI — Traumatic Brain Injury
Symptoms of TBI (Traumatic Brain Injury)
- Nausea or Vomiting
- Headache
- Blurry vision
- Disorientation
- Dizzy
- Balance Problems
- Difficulty Walking
- Change in taste or smell
- Hearing problems
- Fatigue
- Sensitivity to light
- Sensitivity to sound
- Dazed
- Feeling mentally “foggy”
- Feeling slowed down
- Difficulty concentrating
- Difficulty remembering
- Forgetful of recent Information and conversation
- Answers questions slowly
- Confused about recent events
- Difficulty learning new things
- Difficulty planning or organizing
- Difficulty making decisions
- Repeated questions
- Irritable
- Sadness
- More emotional
- Nervousness
- Mood swings
- Feeling isolated
- Anger
- Apathy
- Helplessness
- Frustrated
- Agitated
- Drowsiness
- Sleep more than usual
- Sleep less than usual
- Difficulty falling asleep
What Should You Do if You Have a Motor Vehicle Accident?
Although being involved in a car accident is extremely stressful, if you are able to follow the below steps it will significantly help your case:
- Call the police.Take photos of the accident scene.
- Talk to any witnesses and get their contact information.
- Get insurance information and driving license from the other driver.
- Do Not make any Statement about Fault
Be evaluated by a doctor: Try to see a medical professional at a hospital emergency room, urgent care or your own physician ASAP, preferably the same day of the accident. - Take photos of your bruises, scrapes or other physical injuries.
- Call a personal injury attorney
You may also want to make sure the other motorist is not injured. If no one gets out of the car or you see that the other party is injured or you are seriously injured, make sure to request an emergency response team (EMT) when you call police.
If the other driver is fine and gets out of the vehicle, you exchange information with each other, such as insurance policies and drivers’ licenses. As California is a “Fault” state, this means that whoever is determined by the police and the court system to be at fault for the accident is legally liable for possible medical bills and vehicle repairs.
The minimum amount of liability insurance you must carry in California is:
- $15,000 for injury or death of one person involved in the accident, when you are at fault,
- $30,000 for more than one person when there are injuries or death, and you are at fault, and
- $5,000 for property damages when you are at fault for the accident.
It is also important that you carry an Uninsured motorist (UM) or Underinsured motorist policy (UI).This means that if the another party was found to be at fault but they do not have the legally required insurance or there insurance is too small to pay for the full value of your car and pay for your medical bills and injuries, than the UM or UI coverage takes over.
Be sure to make your own notes about the accident on paper or on your smartphone. Additionally, take pictures of the scene as soon as possible. While not part of the law, you should also report the accident to your insurance company, particularly if you need a rental car while yours is being repaired.
But Whose Fault is It, Really?
It is not always clear who caused the accident. Both drivers could be at fault, but the insurance company and the court system determine the financial percentage of fault for each driver, based on the evidence of the accident. You may owe $5,000 but the other driver is liable for $30,000 in damages. That means you can recover $25,000 from the other driver’s insurance. The determination is made from your statement, the other driver’s statement, witness statements, and what police state about the scene of the accident.
What You Should Not Do?
Do not declare yourself at fault for the accident. State what happened as accurately as you can when giving your statement to the police. Deciding who is at fault, including a percentage of liability, is the job of the police and the court. You may need to hire an attorney to make sure you receive everything you are entitled under California Law, particularly if there were any physical injuries involved.
WHY YOU NEED AN ATTORNEY?
If you have been injured as a result of the negligence of another, whether it be a car, motorcycle, trucking accident, or bicycle accident, or any other type of accident, you are well advised to seek the assistance of a personal injury attorney. An experienced attorney will provide free, no risk case consultations to injured persons and their families. They will help you determine if you are able to recover the compensation you deserve for your injuries (medical bills, lost wages, car repair, doctors bills, etc) to help you get back on your feet to where you were prior to the accident.
Although your insurance will initially pay for your medical bills, you will still be responsible for your own deductibles and co-pays. This can become a serious financial burden. Your insurance company will file a lien on what they spent but you need someone to fight for you. If you have a serious injury, It can become very expensive and very complicated very fast unless you have someone to fight for you. A personal injury attorney will set you up with medical care that will wait to be paid only upon settlement of the case. They will not bother you with bills and deal with the attorney directly.
Call us at eBraunLaw to get assistance with your case if you have a traffic accident. We offer a free consultation to give you the help you need. Toll-free: 877-533-4LAW or 818-796-4529.
THE RIGHTS OF A PASSENGER IN A CAR ACCIDENT
The insurance policy of the car at fault supposed to pay for your medical care, loss of work and pain and suffering. Policy limitation may affect the amount of coverage.
If the driver for the car in which you were a passenger was at fault, the insurance policy covering the driver supposed to cover your injuries, loss of work and pain and suffering. Policy limitation may affect the amount of coverage.
If the car in which you were a passenger does not have insurance, you are entitled to be covered for “Economic Damages” such as medical bills and lost earnings from the other car although your driver was the one at fault
THE DEADLINE TO FILE A LAWSUIT OF A PERSONAL INJURY CASE
In California there is a two year Statute of limitations to file a claim for personal injury. It means that usually after two years you forfeit your right to file your claim if it was not field before that. (Cal. Civ. Proc. Code § 335.1)
All vehicular accidents, covered by California Vehicle Code (CVC) section 20008, must be reported within 24 hours to either the California Highway Patrol or to the police in the city where the accident occurred. It would be better to call the police to have them come and review the accident on-site and create the report themselves, so you do not have to.
Call us at eBraunLaw to get assistance with your case if you have a traffic accident. We offer a free consultation to give you the help you need. Toll-free: 877-533-4LAW or 818-796-4529.
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