Speeding can be a form of Negligence on the Roadway You’re driving at the posted speed limit of 55 miles per hour on an open roadway. It’s a bright noon day, the weather is clear, and there’s barely anyone on the road. You see a pedestrian crossing the road outside a crosswalk. Since it is […]
Only a Dog “Bite” Is Required For Liability, Not Tearing
California holds dog owners strictly liable when their dog bites another person lawfully in a private place or in a public place. Faced with 100% liability by statute, some dog owners have resorted to crafty defenses. In Johnson v. McMahan the defendant did just that. In the case the plaintiff volunteered to fix the defendant’s […]
Dog Bite Cases – Assumption of the Risk – Part 1
The Case: Willenberg v. Superior Court The Willenberg case is an excellent example of how broad the assumption of the risk defense is when applied to veterinarians. In the case, a veterinarian was treating a dog when the dog unexpectedly jumped on the unsuspecting veterinarian. In an effort to remove the large dog the veterinarian […]
Defenses in Dog Bite Cases
Defenses in California Dog Bite Cases If you are the defendant in a California dog bite case you may have some defenses available to you. If the plaintiff was trespassing on your land you may be able to avoid strict liability under California’s dog bite statute. In addition, if your dog bit a veterinarian, kennel […]
California Dog Bite Statute
The California Dog Bite Statute & Strict Liability California Civil Code Section 3342(a) 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 […]