Law Offices of
Fred M. Duman & Associates
2807
Castro Valley Boulevard Castro Valley, California
94546
Tel:
(510) 537-3388 Fax: (510) 889-1114
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Dog owner's liabilities for dogbites
Law Offices of
Fred M. Duman & Associates
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Dear Mr. Duman:
Our next door neighbor occasionally allows his German Shepard dog to run about his front lawn.
The dog is nasty, and it barks and menaces passersby. The dog has bitten someone, before, and I am sure he will do it again. What is the responsibility of the dog's owner?
L.O., Oakland
California Civil Code, Section 1714, provides that "Everyone is responsible...for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person...." Since a dog (or other pet) is considered "property", within the meaning of Civil Code, Section 1714, your neighbor may be liable for the consequences arising out of any damages caused by the dog.
Liability for the dog's actions under this provision requires that the injurious activity was reasonably foreseeable to the dog's owner, and that it was within the owner's power to prevent the injurious activity.
Liability for physical injuries caused by a dog bite is different. California Civil Code, Section 3342 provides that an owner of a dog is liable for damages suffered by a person, who is bitten by the dog, while in a public place, or while lawfully in a private place. This liability exists regardless of the extent of the dog's past viciousness, or the extent to which the owner was actually or constructively aware of the dog's vicious propensities.
Liability for dog-related damages may exist even where the accused party does not technically "own" the dog, but merely has possession of it. Likewise, the dog’s true owner remains liable fore its actions, even where the animal is in another party’s possession or control at the time of the injurious incident.
Any questions our readers may have concerning liability for the actions of neighborhood pets, should be addressed to their attorney, who can provide counsel and advice tailored to the specific circumstances.
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