Everyone has lived in a neighborhood with that one house – the house with the fierce dog that greets you at the fence, not with a wag and a lick, but a snarl and a growl. Those houses always seem to have a section of fence that’s just a little too rickety-looking, or a gate that is barely hanging on. What if that dog eventually gets to the other side?
Unfortunately, this is not an uncommon scenario. Despite ordinances requiring dogs to be secured in yards and leash laws, off-leash dogs, whether they bust out of a fence or run around a park, continue to be a significant problem in both urban and rural California.
Learn more about our Sacramento Dog Bite Attorney Services.
Dog Attacks: A Problem Across California
According to the American Veterinary Medical Association, well over 500,000 dog bites occur annually in California, with over 110,000 victims seeking medical intervention. In 2022, 48,596 people went to the emergency room for dog bites, a 70% increase from 2005.
If you have been injured in a dog attack, regardless of who is at fault, call us at (916) 438-1819 to schedule a free consultation. We’ll listen and provide the answers you need to understand your options.
Landlords: Proving Negligence When They Fail to Act
Under California law, you can file a claim against two parties: a landlord who failed to repair a fence, allowing a known dangerous dog to hurt someone, and the dog’s owner (the tenant, presumably). While dog owners usually bear the majority of fault, landlords who ignore known risks like a broken fence combined with a dangerous dog become liable as “joint tortfeasors.” In California, courts have consistently ruled that landlords must act when they have knowledge of both the hazard (the dog) and the means to prevent harm (fixing the fence).
Why You Need an Experienced Dog Bite Attorney
Your first step should be to consult a California dog bite lawyer immediately. They’ll give you a sense of how strong your case is against the dog owner and the landlord. They will also explain how to preserve evidence, such as security footage, photos of the broken fence, and possibly, vet records or police reports documenting prior aggression. Most importantly, a skilled attorney will be thorough but move swiftly to comply with California’s strict two-year statute of limitations for filing a claim.
Establishing Liability
Under California’s Civil Code § 3342, the strict liability dog bite law, a dog owner is responsible for their dog’s injuries. This is true whether the dog showed aggression in the past or not. If it is proven that someone else’s inaction played a significant role in allowing the incident to occur, such as a landlord, that party or person may also be held legally responsible.
Understanding Landlord Responsibility
Landlords can be sued if they:
- Knew a dog was dangerous. Evidence of this could be prior complaints, visible aggression, or documented incidents.
- The landlord had control over the property. As the property owner, the landlord had the right to remove the dog under the lease or fix hazardous conditions like a broken fence, but he did not.
In this scenario, the landlord’s failure to repair the fence, which gave the dog unfettered access beyond the yard, creates liability under premises liability laws. There is a significant precedent for landlords being found liable for off-property attacks resulting from a preventable hazard like a broken fence or gate.
Key Steps a Dog Bite Attorney Will Take
- Gather Evidence. An attorney can force the following to be turned over:
- Lease agreements showing the landlord’s right to remove the dog or enforce pet policies.
- Repair requests (emails, text messages, letters, etc.) as proof that the landlord knew about the broken fence.
- Witness statements that corroborate the dog’s prior aggression or the landlord’s awareness of it.
- File Insurance Claims
Your attorney will submit claims to the dog owner’s insurance and the landlord’s liability insurance.
- Build a Negligence Case Against the Landlord
First, your attorney will seek to prove the landlord violated their duty of care (responsibility to keep people safe) by ignoring the faulty fence and the dog’s access beyond it. Once duty of care is established, it must be shown that the landlord’s or owner’s inaction directly caused your injuries.
- Negotiate Settlements or File a Lawsuit
In most dog bite cases, a settlement is reached. Compensation may include damages for medical bills (e.g., ER care, surgery, physical therapy, etc.), lost wages, pain and suffering, and scarring/disfigurement. If a settlement cannot be reached, your attorney may recommend that you file a lawsuit and go to court.
Aggressive, Skilled Dog Bite Attorneys in Sacramento County
Eason & Tambornini’s experienced dog bite attorneys have represented countless victims of dog bites, securing fair and full settlements for some and fighting successfully in court for others. We offer a no-risk, free consultation; if we take your case, you will pay no fees until you win. If you don’t win, you don’t pay.
Call Eason & Tambornini at (916) 438-1819 to schedule your free consultation and find out what your options are.