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Question: Personal Injury - California

Asked on 10/6/2009
Dog bite to neighbor by stray taken in by us.
Found stray dog in our n'hood on 7/4. Attempted to find owners. Dog and I were outside in my front yard playing ball -- no leash. 8 yo nbr kid, who had played with dog before, wanted to throw the ball. He threw ball, dog returned it, jumped up on kid and bit his arm. Went to hospital, got stitches on arm. Animal control was called. Dog was quarantined at my home. AC aided me in finding owners. Dog has been returned. Parents now want $2,000. Am not sure what for. Atty says we are responsible. Do real owners of dog have % of responsibility? Thanks for your help!

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Answers (1):

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Ask your lawyer to review Civil Code section 3342 (a) which states 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, regardless of the former  viciousness of the dog or the owner' s knowledge of such viciousness."

Also, if you have homeowners insurance, you can turn the claim over to them and they should defend you so you do not incur the cost of an attorney.



  • Answered on 10/9/2009
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