If I am living in a senior community and a tenant’s dog bites me, can management also be held liable as well as the dog’s owner?

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If I am living in a senior community and a tenant’s dog bites me, can management also be held liable as well as the dog’s owner?

Dog allowed in senior home based on dog policy endorsed by management. Aggressive dog held on a leash went after me without provocation and bit me. Dog owner was not able to refrain it from advancing towards me.

Asked on July 12, 2012 under Personal Injury, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 9 years ago | Contributor

It's possible that the senior community may be liable.  It really revolves around whether or not they exercised due diligence. If the home was put on notice that the dog was aggressive, it makes it more likely that they would be held liable. Do they screen the dogs?  Did it attack someone else in the past?  Did they know the dog was aggressive?

If you are in the Ventura County Area feel free to contact me at 805.876.4LAW

See California Civil Code section 1714:

Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”

 


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