Volume 1, Issue 3                    The Traut Firm eNewsletter                February, 2005            www.trautfirm.com

DOG BITE INJURY:   WHEN FLUFFY BECOMES WHITE FANG

In 1998, a Pittsburgh University study revealed that dog bite injuries accounted for 334,000 visits to hospital emergency rooms each year, second only to injuries suffered in baseball and softball games. Of deaths caused by dog attacks, 44 percent of the fatalities are attributable to two breeds: Pit Bulls and Rottweilers.

The Dog Owner’s Legal Duty

Civil Code 3342 provides that dog owners are strictly liable for bites from their dogs, with a couple limitations. First, the victim must be in a public place or "lawfully in a private place" at the time of the attack. Second, there must be a dog "bite." But "bite" has been broadly construed by the courts. A 1998 case held that the Code applied to a repairman who fell and was injured when pulled from a ladder by a dog which closed its jaws only on the repairman’s pants. So, if you are "bitten" by a dog while in a public place or "lawfully in a private place," the only evidence you must present to hold the dog owner responsible for your damages is that he is, in fact, owner of the dog.

Liability can be based on other grounds when there is no "bite," as when a dog which is running loose knocks the victim down or off a bicycle. Violation of local leash laws (and all municipalities have them) constitutes "negligence per se". That means you can establish the dog owner’s liability simply by presenting evidence that he violated a leash law.

Limits of the Dog Owner’s Liability

If veterinarians or animal control workers are bitten during the course of their job tasks, the dog owner is not responsible. Those in such occupations are deemed by law to have assumed the risk. Oddly, however, in a 1985 case the Appellate Court held that assumption of risk did not apply to a dog groomer.

If you or someone in your family has been injured by a dog bite, call now to discuss your matter with James or Eric. Consultation is free. There is no fee unless and until you win your case.  

For a free evaluation just click to our ==> Case Evaluation form.  Or simply call toll free 1-877-Traut-Firm.

The Traut Firm
"When You Mean Business"