Dog Bites Lomita

Residents of Lomita and visitors to the area are protected by specific state statutes and local ordinances regarding animal attacks. When a dog bite occurs, the legal framework in California prioritizes the safety of the victim through a strict liability standard. Understanding how these laws apply in Lomita is essential for anyone dealing with the aftermath of an animal attack.

Benji Personal Injury Accident Attorneys assists individuals in navigating the civil claims process. This page outlines the relevant laws, liability standards, and local regulations that influence dog bite cases in Lomita, California.

California Strict Liability Laws

California operates under a strict liability system for dog bites. This is defined under California Civil Code § 3342. Under this statute, the owner of a 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. This liability exists regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. It is crucial to note that California's strict liability rule under Civil Code § 3342 applies specifically to dog bites, not to other types of injuries caused by dogs, such as a dog knocking someone down without biting them.

The concept of strict liability removes the need to prove the owner was negligent. In many other jurisdictions, a victim must prove the owner knew the dog was dangerous, often referred to as the "one bite rule." California law rejects this prerequisite. A dog owner is responsible even if the animal has never shown aggression or bitten anyone previously.

A victim is considered lawfully on private property if they are performing a duty imposed by law, such as delivering mail, or if they are on the property by the express or implied invitation of the owner.

Lomita Leash Laws and Local Ordinances

While state law governs the liability for the bite itself, local ordinances in Lomita play a significant role in establishing the context of an attack. The City of Lomita partners with the Los Angeles County Department of Animal Care and Control (DACC) for enforcement.

Lomita adheres to the Los Angeles County Leash Law, specifically outlined in Los Angeles County Code Title 10, Section 10.32.010. This regulation mandates that dogs cannot run at large on any public street, park, or public area. A dog must be restrained by a substantial leash not exceeding six feet in length and must remain under the control of a competent person when off the owner's private property.

Violating these local safety ordinances can strengthen a civil claim through the doctrine of "negligence per se." If an injury occurs because a dog owner violated the leash law, the violation itself helps establish that the owner failed to exercise reasonable care. This is particularly relevant in cases where injuries occur without a bite, such as a large dog jumping on a pedestrian and causing a fall.

Defenses and Exceptions to Liability

California law provides specific defenses for dog owners. Strict liability does not apply in every scenario. The court examines the behavior of the victim and the status of the victim on the property at the time of the incident.

• Trespassing: Strict liability protects those lawfully on the property. If a person is trespassing on the dog owner's property at the time of the bite, the owner may not be held strictly liable.
• Provocation: If a victim teased, tormented, or abused the dog, causing the attack, a court may reduce or eliminate the owner's liability. California applies comparative fault principles, meaning compensation may be reduced by the percentage of fault assigned to the victim.
• Assumption of Risk: Professionals who work with dogs, such as veterinarians and kennel workers, generally assume the risk of being bitten as part of their occupation. This often bars them from suing under strict liability, though negligence claims may still be valid in certain circumstances.
• Law Enforcement Dogs: Government agencies using dogs for police or military work are often exempt from strict liability if the dog was assisting in law enforcement duties at the time of the incident.

Landlord Liability in Dog Bite Cases

In some instances, liability extends beyond the dog owner to the owner of the property where the attack occurred. Landlords in Lomita can be held liable for injuries caused by a tenant's dog, but the legal standard is higher than it is for the dog owner.

For a landlord to be liable, the victim must prove the landlord had actual knowledge of the dog's dangerous propensities and the ability to remove the threat but failed to do so. Simply knowing a tenant has a dog is insufficient grounds for landlord liability. The landlord must have known the specific dog posed a danger to others. The ability to remove the threat could include, for example, requiring the tenant to remove the dog from the property, or, in more extreme cases, initiating eviction proceedings if the dangerous dog clause in a lease is violated.

Comparing Liability Standards

Different types of injuries require different legal approaches. The following table outlines how liability is generally determined based on the nature of the incident.

Statute of Limitations

Victims of dog bites in Lomita must adhere to the California statute of limitations for personal injury cases, as set forth in California Code of Civil Procedure § 335.1. A lawsuit must generally be filed within two years from the date of the injury. Failure to file within this timeframe typically results in the loss of the right to seek compensation through the court system.

Exceptions exist for minors. If the victim was under the age of 18 at the time of the attack, the statute of limitations is usually tolled (paused) until their 18th birthday, giving them until their 20th birthday to file a claim.

Legal Representation for Dog Bite Victims

Benji Personal Injury Accident Attorneys represents clients in Lomita who have suffered injuries due to animal attacks. Our firm investigates the circumstances of the incident, verifies dog ownership and insurance coverage, and gathers evidence regarding local ordinance violations.

We handle communication with insurance carriers and legal defense teams to ensure the facts of the case are presented accurately. Our objective is to secure compensation for medical expenses, lost wages, and other damages permitted under California law, including pain and suffering, emotional distress, and loss of enjoyment of life.