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My son was bitten by my neighbor’s dog and got injuries that required expensive medical attention. What are my rights?
My son was bitten by my neighbor’s dog while playing football with friends in the street, and required expensive medical attention. What are my rights?
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Dog bites are one of the most common injuries to children. The question of liability varies jurisdiction to jurisdiction, whereby some states take 1) a strict liability approach to dog bites(whereby owners are fully responsible) 2) a “one bite rule” where a dog is allowed one bite before being an owner can be held liable, and 3) a negligence approach(whereby owners must be shown to be negligent in their handling of the dog). California, for example, takes a strict liability approach for dog bites. Under Calif. Civil Code § 3342:
“The owner of any 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, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner.”
That said, it important to contact an attorney to advise you on your rights in regards to any injuries to children, especially such injuries as dog bites. Regardless of severity, the cost of medical care should not necessarily fall on the shoulders of the dog bite victim or his/her family.
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Posted by Bert Gonzalez on 21 Jan 2010
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