Man’s Best Friend

During the holidays, many of us came into contact with people we haven’t seen in ages. We saw family members, old friends, and made new memories after almost two years of near-isolation. It was glorious! We also met our loved ones’ new pets. The number of dogs incorporated into families during the pandemic was astounding. New owners sought companionship and comfort from these four-legged lovable creatures when they were stuck in their homes. Oftentimes, however, training these new family members did not take priority.
I’m Susan Owen, managing partner of Owen, Patterson & Owen. During the holidays, I had the pleasure of spending over a month with my daughter’s pup, a rambunctious one-year-old. My dogs were at first intolerant of his antics but have now embraced their “nephew.” I love dogs. I was so happy to have him in our home. And then he hit me in the nose with a huge bone that he had in his mouth. Blood started pouring down my face, and I was sure that my nose was broken. My once straight nose is now crooked with a bump. While Frankie is still a welcome guest at my house, I became painfully conscious of keeping my face out of the zone of danger.
OPO regularly gets calls from victims of dog bites and related injuries. We are experts at these cases. While I was not bitten, I was definitely injured by someone else’s dog. If I received a call with this set of facts, is there a means of recovery for damages sustained in this incident? YES.
In the event you are bitten by a dog, and you were legally on the property where the dog bite occurred, there is “strict liability” pursuant to Civil Code section 3342. That means that you don’t have to prove negligence or anything else besides dog ownership. There is no need to establish that the dog previously injured someone else. In a case such as mine (which I, of course, would not pursue against my daughter), there is no dog bite per se, so Civil Code section 3342 does not apply. However, there is a possible negligence claim against the dog owner. Was the dog not properly supervised? Should he have been allowed to run loose with a “huge weapon“ in his mouth? What are the injuries? These are all factors OPO will consider in determining whether to pursue such a case.
Despite this incident, I completely loved having Frankie in my home. If you were injured by a dog, please call us at 888-OPO-WINS or email us at info@opolaw.com. We are always here for you.

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