Dog Attack And Dog Bites Are Similar
By: Fred Penney
Of: Penney and Associates
Locations: Roseville, Sacramento, Fairfield, Rocklin, Chico, Santa Clara, Newport Beach
I have been working as a Lawyer at Penney and Associates for years. During those years our Lawyers have handled many dog bite and dog attack cases in California, namely Sacramento, Roseville and Fairfield. One case we handled was a dog attack in Rocklin where a lady was walking her dog and a pit bull was let out of its back yard and ran after the little dog the lady was walking. The pit bull did not bite the lady but instead was more of a dog attack, knocking over the lady and breaking her leg. This is what Lawyers call a dog attack, not a dog bite. However there are many cases that treat a dog attack and dog bite as the same thing.
If you are attacked by a big dog like a Pit Bull or Rottweiler, try to protect your throat as that is where you are very venerable during a dog attack. There are many county and city ordinances like those in Fairfield, Roseville and Sacramento that say a dog must be on a leash when in the public or must be properly contained so as to prevent dog bites and dog attacks. In fact if a dog bites you there is no first bite rule in California. Whether the dog bite or attack occurs in Roseville, Sacramento or Fairfield, it is the same, if a dog bites or attacks for the first time the owner is strictly liable.
California Civil Code section 3342 discusses dog bite and dog attacks. This applies to all cities in California including Roseville, Sacramento or Fairfield. In sum the law states that the owner of any dog is liable for injuries sustained to a person who is bitten by a dog in a public place or even when the dog is lawfully in a private place, including the property owners own home, regardless of the prior viciousness of the dog. Thus, a dog bite or dog attack holds the owner strictly liable. There are exceptions such as a military or police dog that is defending itself or in the line of duty. Note, what the line of duty entails is another discussion.
Now, if the owner of a dog knows that his or her dog has bitten or attacked before then the owner has a duty to take reasonable steps to make sure their dog does not bite or attack anyone again. Again, the owner has to prevent dog bites or dog attacks especially in California or cities such as Roseville, Sacramento or Fairfield.
If an owners dog has attacked or bitten a person on at least two occasions that dog can be deemed dangerous as it is known as a dog that bites or attacks. The district attorney may determine what to do with the dangerous dog if it has had problems with dog attacks or dog bites. It does not matter if it is a German Sheppard, Rotweiler, pit bull.
Penney and Associates has handled many dog bite and dog attacks including young children and adults. The Lawyers at Penney and Associates are experienced in many type of animal attacks, including cattle or cows out on the roadway causing auto accidents. If you or your child has been bitten by a dog or attacked by a dog call Penney and Associates in Sacramento, Roseville, Fairfield, Chico, Santa Clara, Newport Beach, and Rocklin. Penney and Associates will handle dog bite and dog attack cases throughout California.
Fred Penney is the managing attorney of Penney and Associates. Penney and associates is a personal injury law firm located throughout California; Chico, Roseville, Loomis, Rocklin, Sacramento, Santa Clara, Fairfield, Newport Beach. Penney and Associates (not Penny and Associates) handles Dog Bites, Dog Attacks, trucking accidents, motorcycle accidents, uninsured motorist accidents, wrongful death accidents, electrocution accidents, ATV accidents and all other serious injury cases.
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