Dog Bites – The Reinecke Law Firm
In the communities and cities around us there are many people now becoming dog owners. Dogs are mans best friend and have been since the beginning of time. Unfortunately dogs are still animals with minds of their own. They can be gentle, playful and caring most days but there is still that animal instinct that could turn into terrible problems. Many dogs are put down due to dog bites. What happens after a single dog bite could continue to more biting. If you have been injured due to a dog bite from another owners dog please contact The Reinecke Law Firm today.
Orange County Dog Bite Lawyer
Hiring an experienced attorney is crucial if you or a loved one are the victim of a dog bite the California. A California lawyer specializing in injury due to dog bites can help you recover your medical expenses, lost wages and emotional damages.
California has a dog bite statute that repudiates the common law’s requirement of knowledge on the part of the defendant that the animal had previously injured a person in the same manner. The burden for dog bites is now placed on the dog owner.
It may be beneficial to have a lawyer that is near you so you may receive personal attention to your case. If you are located in Orange County California, you should contact Orange County Dog Bite Lawyer, Tom Reinecke at (714) 777-5711 or (949) 261-2221 to arrange a free, confidential legal consultation. When you contact the law offices of Tom Reinecke, you will speak directly with Tom. You will know that he personally will handle your case and that he will personally meet with you. He can also meet you where it is convenient for you, at your home, at work or his office.
For more information, you can review the actual statute – California Civil Code section 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.
(b) Nothing in this section shall authorize the bringing of an action pursuant to subdivision (a) against any governmental agency using a dog in military or police work if the bite or bites occurred while the dog was defending itself from an annoying, harassing, or provoking act, or assisting an employee of the agency in any of the following:
(1) In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect’s involvement in criminal activity.
(2) In the investigation of a crime or possible crime.
(3) In the execution of a warrant.
(4) In the defense of a peace officer or another person.
(c) Subdivision (b) shall not apply in any case where the victim of the bite or bites was not a party to, nor a participant in, nor suspected to be a party to or a participant in, the act or acts that prompted the use of the dog in the military or police work.
(d) Subdivision (b) shall apply only where a governmental agency using a dog in military or police work has adopted a written policy on the necessary and appropriate use of a dog for the police or military work enumerated in subdivision (b). It should be noted that some municipalities have enacted their own laws of strict liability. Here is an example from the Beverly Hills Municipal Code
5-2-111: Liability for Injury or Damages:
A. Any person owning, controlling, or having care or custody of any animal shall be liable for any injury caused by such animal, and for any damage caused to any public property, or to any private property.
B. Any person owning, controlling or having care or custody of any animal shall take such reasonable and necessary precautions as required to protect all persons from physical harm from such animal, and to protect the private property of any other person. (1962 Code §§ 5-1.108, 5-1.207; amd. Ord. 09-O-2560, eff. 2-6-2009)