Dog Bites

San Diego dog bite attorneys answer frequently asked questions about dogs and dog attacks

What are my rights as a victim of a dog bite?
In California, an owner of a dog faces liability if the animal bites someone. When Casey Gerry's San Diego dog bite attorneys take a case, they know that the victim does not have to prove fault or negligence (strict liability). Courts have also held dog owners responsible in cases where the dog did not succeed in its attack, but the dog bite lawyer showed that the victim was injured trying to escape. Many California counties, including San Diego, Riverside, and Los Angeles, have leash laws that requires a dog to be restrained by a leash 6 feet or shorter. Our dog bite attorneys investigate for violations of leash laws, another basis for holding the dog owner responsible.

What obligation do property owners have?
Every owner of property has a legal obligation to make sure his property is safe. A landlord or property owner who knew about, or should have known about a dog’s aggressive propensities and failed to take action to make sure their property was safe may be held responsible for injuries caused by someone else’s dog, Uccello v. Laudenslayer (1975) 44 Cal.App.3d 504

Are some dog breeds more likely to attack?
Our San Diego dog bite attorneys know that certain breeds of dogs are more aggressive and likely to attack. Pit Bull Terriers have been linked to more dog attack fatalities than any other breed. Rottweilers are second; together these two breeds account for half of all dog attack fatalities. The population of these two breeds is very small, so the percentage is even more striking.

A movement known as “Blame the deed, not the breed”, has sprung up in defense of certain breeds, citing variations of individual dog behavior as more significant than breed tendencies. Experienced dog bite lawyers know about individual variation, and that some dog owners actively promote their dogs’ aggressiveness. For a dog attack victim seeking a personal injury lawyer in San Diego, the need to have a concerned, experienced dog bite attorney is paramount.

Are dog attacks covered by homeowner’s insurance?
Many insurance companies now exclude certain breeds from their homeowner’s insurance coverage. Pit Bulls (also known as American Pit Bull Terriers, the American Staffordshire Bull Terrier), Rottweilers, German Shepherds, Husky, Malamute, Doberman, Chow Chows, Great Danes, and St. Bernard’s, listed in declining order of fatalities, are the breeds most commonly excluded.