Dog Bites Hawthorne
Personal Injury Lawyers Near Hawthorne For Dog Bites
Written by Daniel Benji, Esq. head attorney of Benji Personal Injury Accident Attorneys A.P.C.
The search results confirm that Johnson v. McMahan indeed clarified that a "bite" under Civil Code § 3342 does not necessarily require the breaking of skin, but rather the dog's jaws closing on a part of the person's body (even if through clothing). However, several sources also emphasize that for strict liability under § 3342, the injury must result from a bite. If the dog causes injury by other means (e.g., jumping, scratching, knocking someone over without a bite), then the claim falls under general negligence, not strict liability. This distinction is crucial and should be made clearer in the text.
So, for "Defining a Bite and Case Precedents," I should:
- Re-emphasize that Civil Code § 3342 is specifically for bites.
- Clarify that Johnson v. McMahan expanded the definition of "bite" to include gripping without skin breakage, but still requires the dog's jaws to close on the person's body.
- Add a note that non-bite injuries (e.g., being knocked over without a bite) fall under negligence claims, setting up the next section better.
Section 4: "Hawthorne Municipal Codes and Negligence"
"While state law governs strict liability for bites, local Hawthorne ordinances play a critical role in establishing negligence." - Accurate.
"Violation of local safety laws can constitute "negligence per se," which means the act of violating the law is considered negligent behavior by default. This is particularly relevant when a dog knocks someone down or causes injury without biting, as strict liability under Civil Code § 3342 specifically addresses bites." - This sentence is good and clarifies the distinction I noted above.
"Hawthorne Municipal Code Chapter 6.08 regulates "Animals At Large." This code prohibits owners from allowing animals to stray or be upon public streets, parks, or unenclosed lots unless the animal is restrained. The ordinance requires a substantial chain or a leash not exceeding six feet in length, held by a competent person. If an injury occurs because a dog owner used a retractable leash longer than six feet or allowed the dog to roam off-leash in a public area, that owner may be liable for general negligence." - Accurate and good local detail.
Enhancement idea: Can I find other relevant Hawthorne Municipal Codes related to dog control, such as nuisance barking, waste removal (less relevant to injury but shows owner responsibility), or dangerous dog declarations? This could add more depth to the "negligence" aspect.
Let's do a search for Hawthorne Municipal Codes related to dog control, beyond just "Animals At Large."
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