Dog Bites Lawyer/Attorney
Personal Injury Lawyer / Attorney Antioch, Pittsburg, Brentwood
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Law Offices of Mark A. McLaughlinA person who keeps or has control of an animal may be liable for personal injury or property damage caused by the animal. A keeper of an animal is one that "harbors, protects, or shelters" the animal. It is not necessary that the person is the "owner." However, an owner who retains some degree of control over an animal can be liable even if the animal is partly under the care of others. Normally, the owner of an animal is liable only for negligence if the animal causes injury or property damage. Negligence is the failure to use ordinary care in keeping or controlling the animal. View statistics about dog bites and injuries .
The California Law
California law provides that the owner of a dog is liable for the damages suffered by anyone who is bitten while in a public place or lawfully in a private place, including the dog owner's property. The fact that a dog does not have prior attacks, or that the owner has no awareness of a dog's viciousness is not determinative. The California dog bite statute can impute "strict liability" on the owner's of vicious animals. Strict liability means that a person is liable for damages even if the person used ordinary care, and therefore was not negligent in keeping or controlling the animal. The keeper's liability is said to be absolute in the sense that the gist of the action is not how the animal was kept, but that it was kept at all in light of its dangerous propensities. A plaintiff who can prove the animal's dangerous nature or trait and the keeper's "knowledge" of it, need not prove negligence in failing to restrain or confine it. Actual notice is not required. An owner's knowledge can be "constructive" wherein an owner can be liable if she could have learned of the propensity through reasonable inquiry. Additionally, an owner may be liable if his employees, agents, partners or family knew of the animal's dangerous propensities.
Contact our office today to discuss your motor vehicle accident injuries. We are available during regular business hours and by appointment evenings and weekends. You can reach us by phone at (925) 754-2622 or via e-mail. We take every personal injury case on a contingency basis which means that you don't pay any attorney's fees unless we recover compensation for you.
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While I enjoy the pleasure of serving clients from all over the Bay Area, my clients mainly come for Dog Bites cases from Oakley, Concord, Martinez, Pleasant Hill, Walnut Creek, Antioch, Brentwood, Pittsburg, Oakland and San FranciscoRELATED SEARCHES
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