California Civil Code Section 3342 provides in pertinent part:
(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 the former viciousness of the dog or the owner’s knowledge of such viciousness.
The aforementioned statute specifically establishes an owner’s liability for dog bite injuries without a showing of fault, i.e., strict liability. See, Delfino v. Sloan (1993) 20 C.A. 4th 1429, 1437; People v. Berry (1991) 1 C.A. 4th 778, 787.
For example, in the case of a delivery courier delivering a package in the course of his or her employment at an individual’s residence. The courier is standing in the front yard of the home when the owner’s dog attacks the courier who is lawfully on the property. Under the law noted above, the homeowner is strictly liable for the injuries suffered by the courier as a result of the dog attack, even if the dog has never attacked another person or another animal previously.
Under most circumstances, a homeowner with a homeowner’s insurance policy will have coverage for the personal injury claims of the courier and the homeowner would tender the claim to his or her insurance company for handling.
Do you have questions about injuries from a dog attack? Give us a call today at 877/935-1707 to discuss how we can assist you on your claim.
By odonnellsmith | Published on July 29, 2015