Dog Bites Norwalk
Personal Injury Lawyers Near Norwalk For Dog Bites
Written by Daniel Benji, Esq. head attorney of Benji Personal Injury Accident Attorneys A.P.C.
Residents of Norwalk and the surrounding Los Angeles County areas frequently encounter dogs in public parks, neighborhoods, and private residences. While many interactions are safe, dog attacks do occur and can result in significant physical and emotional trauma. When a dog bite happens, California state statutes dictate how liability is determined and how victims may seek recourse. Benji Personal Injury Accident Attorneys provides legal counsel to individuals who have suffered injuries due to animal attacks, ensuring they understand the specific application of strict liability and negligence laws in Norwalk.
California Strict Liability Statute
California Civil Code § 3342 establishes the legal standard for dog bites in the state. This statute imposes strict liability on dog owners. Under this rule, the owner of a dog is legally responsible for the damages suffered by any person who is bitten while in a public place or lawfully in a private place.
Strict liability creates a clear path for establishing responsibility. The victim does not need to prove that the owner was negligent or careless. The owner is liable even if they took reasonable precautions to restrain the animal. Furthermore, the history of the animal is irrelevant to the initial liability for the bite. The owner remains responsible even if the dog has never bitten anyone before or shown any signs of aggression. This distinguishes California from states that follow a "one-bite rule," which often shields owners from liability for a first-time incident. Damages recoverable under strict liability typically include medical expenses, lost wages, and pain and suffering.
Lawful Presence on Property
To recover damages under strict liability, the victim must prove they were lawfully at the location where the attack occurred. In Norwalk, this includes all public spaces such as sidewalks, streets, and municipal parks like Norwalk Park or Hermosillo Park. Liability also extends to private property, provided the victim had a legal right to be there.
A person is considered lawfully on private property in two primary scenarios:
- Performance of Duty: This includes mail carriers, utility workers, emergency responders, and other individuals entering the property to perform a specific legal or professional function.
- Invitation: This covers guests who have an express or implied invitation from the owner to be on the premises. An implied invitation could extend to someone delivering a package to the front door or a solicitor who has not been asked to leave.
Non-Bite Injuries and Negligence
Strict liability under Civil Code § 3342 applies exclusively to bite injuries. However, dogs can cause injury in other ways, such as knocking a person down, scratching, or causing a bicycle accident by chasing a rider. In these instances, the strict liability statute does not apply. Instead, the victim must pursue a claim based on general negligence.
Establishing negligence requires showing that the owner failed to exercise reasonable care in controlling the animal. In Norwalk, and throughout Los Angeles County, local regulations play a role here. Los Angeles County Ordinance section 10.32.010 (or 10.31.010 in some references) generally requires dogs to be restrained by a substantial leash not exceeding six feet in length while on public property or common areas of private property, and to be under the control of a competent person. If an owner violates these local leash laws and an injury results, that violation can serve as evidence of negligence. Specifically, under California Evidence Code § 669, a violation of a statute, ordinance, or regulation that causes injury to a person the law was designed to protect can create a presumption of negligence, a doctrine known as "negligence per se." Benji Personal Injury Accident Attorneys examines local ordinances to determine if a failure to adhere to animal control laws contributed to the accident.
Defenses and Exceptions to Liability
While California law favors the victim in bite cases, there are specific legal exceptions where an owner may contest liability. Understanding these defenses is necessary for evaluating the strength of a potential claim.
| Exception | Description |
|---|---|
| Provocation | If the dog bit the victim because the victim was intentionally annoying, harassing, or provoking the animal, the owner may have a valid defense against strict liability. This defense typically requires more than an innocent interaction with the dog; it implies a deliberate act that incited the attack. |
| Trespassing | Strict liability generally protects those lawfully on property. Trespassers who enter private property without permission and are subsequently bitten may be barred from recovering damages under this statute. |
| Occupational Assumption of Risk | Under the "Veterinarian's Rule" (affirmed in Priebe v. Nelson), professionals who voluntarily work with dogs in their occupation, such as veterinarians, veterinary technicians, groomers, and kennel workers, generally assume the risk of being bitten. This limits their ability to sue the owner unless the owner failed to disclose a known dangerous propensity of the animal or acted with gross negligence. |
Reporting and Jurisdiction in Norwalk
Following a dog bite, immediate action is required to secure medical treatment and document the incident. Victims should report the attack to the local authorities. For Norwalk residents, the Southeast Area Animal Control Authority (SEAACA) is the agency responsible for animal control services, including responding to animal bites, and can be reached at (562) 803-3301. Reporting the incident creates an official record and ensures the dog is quarantined to check for rabies or other diseases.
Legal claims originating from a dog bite incident in Norwalk fall under the jurisdiction of the Los Angeles County Superior Court system. Civil cases, including personal injury lawsuits, are typically heard at the Norwalk Courthouse, located at 12720 Norwalk Blvd, Norwalk, CA 90650. Navigating procedural requirements and court filings in the Los Angeles County Superior Court requires familiarity with local judicial processes.
Statute of Limitations
Victims must be aware of the strict deadlines for filing legal action. In California, the statute of limitations for most personal injury claims, including dog bites, is generally two years from the date of the incident for adults. Failing to file a lawsuit within this timeframe typically results in the permanent loss of the right to seek compensation. However, there are important exceptions:
- Minors: If the injured person was a minor (under 18) at the time of the dog bite, the two-year statute of limitations generally does not begin to run until they turn 18. This means they typically have until their 20th birthday to file a lawsuit.
- Claims Against Government Entities: If the dog owner is a governmental entity (e.g., a police dog, or a dog owned by a municipal agency), the timeframe to file a claim is significantly shorter, often requiring a formal claim to be filed within six months of the incident, prior to filing a lawsuit.
Benji Personal Injury Accident Attorneys advises timely consultation to ensure all evidence is preserved and filings are submitted before any statutory deadline expires.
By submitting this form, you agree to our Terms of Service and acknowledge our Privacy Policy. You also consent to receive calls, texts and emails from Benji Personal Injury Accident Attorneys.