It’s perfectly legal in California to bring your dog with you to a restaurant. This is as long as patio dining facilities are available. Separate entrances and exits must be provided for customers with and without dogs. However, restaurants don’t let dogs use customer seating. Restaurants don’t let dogs inside of their dining facilities though. There isn’t a requirement to allow dogs on their patios either. Still, many more casual eateries consider it to be good for business.
Why Dogs Bite
Dogs are going to bite a human for any number of reasons. A person might become a perceived threat by invading a dog’s territory, taking its food, or a dog might even think that its owner Is being threatened. A dog could even bite if its suddenly startled from behind or suddenly awakened. All of these reasons are the cause of fear-based aggression. A bite can happen at a restaurant, especially if a dog didn’t have proper training. Strange noises, the often hurried pace of wait staff, the unpredictability of children and unfamiliar people can put a dog on edge. In some cases, a customer might even be bitten by accidently tripping over or stepping on a dog.
California’s Dog Bite Law
Section 3342 of the California Civil Code clearly and unequivocally addresses dog bites that occur anywhere in the state. It states as follows: “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 . . . regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.” This language makes an attack and bite by a dog a strict liability tort. The fact that a dog bite in California is a strict liability tort doesn’t operate to clear a restaurant of any possible liability. Especially if the dog’s owner is uninsured or underinsured. Although not the owner of the dog that bit, a restaurant could still be found guilty o negligence.
How Does a Restaurant Evaluate the Risks to Customers?
A restaurant can refuse service to a drunk, rude customer. There are no such indicators for predicting a problem with a seemingly well-behaved dog though. All it takes is for a dog in a strange environment to suddenly become frightened, and it can bite.
If a dog bites you or a family member at a restaurant in Los Angeles, report the bite to staff immediately and ask for the manager or person in charge. Try to identify the dog and its owner. If skin is broken from the bite, get to an emergency room right away for an examination and treatment. Infection alone can be dangerous. Then, report the bite to Los Angeles Animal Control. It will conduct its own investigation. After that, contact our Los Angeles Dog Bite Lawyer here at Maison Law for a free consultation and case review. We will be answer your questions and all we’ll explain all of your legal options. Remember that California is a strict liability dog bite state. When you hire us to represent you, we’ll begin building a strong case to support the settlement or award that you deserve.
A dog bite at the home of an old friend or a family member can cause severe injuries like permanent nerve and muscle damage, scarring, disfigurement and serious infection. A victim might be apprehensive about bringing a claim and possibly ruining a valued personal relationship though. Seeking compensation for damages suffered under the circumstances can indeed turn into a sensitive topic. However, assuming there is insurance coverage like homeowners or renters insurance. That fact likely takes the edge off for all of the parties. California’s dog bite statute likely does the same thing.
California’s Dog Bite Statute
In the context of dog bites, California’s legislature has made the state a strict liability state pursuant to section 3342 of the California Civil Code. So long as the bite victim was in public or lawfully on a private premises, the statute deems the biting dog’s owner liable for the injuries and damages that the victim suffered. This rule applies even if the dog never displayed any aggressive tendencies or bit anybody else the past. The only defense to such a case might be if the victim somehow assumed the risk of being bitten like provoking the dog.
Most Dog Owners Would Recognize Your Right to Compensation
In most cases, a responsible and conscientious friend or family member is going to recognize the victim’s right to compensation for their injuries and damages and encourage him or her to bring an insurance claim or lawsuit. Don’t worry about the biting dog being euthanized either. That rarely happens. Los Angeles Animal Control will likely recommend or mandate certain protective measures so that no future bites occur.
Don’t Give a Statement
If your friend or family member voluntarily reports the bite to their insurer, don’t give its representative any type of a statement. It’s a common defense tactic to use your own words against you in the future. They try and attack your credibility and devalue your claim. California doesn’t require you to give an opposing insurer any type of statement at all. Rather than innocently clouding the issue, preserve and protect your right to compensation for your injuries and damages by confidentially consulting with our Los Angeles dog bite lawyer here at Maison Law. It won’t cost you a single penny to confer with him either.
An experienced and effective Los Angeles dog bite lawyer may be able to avoid a personal injury lawsuit by dealing directly with your friend or family member’s insurance company. We’ll handle your case much like an auto accident personal injury claim. If you or your child suffered a dog bite at the home of a friend or family member, contact our Los Angeles dog bite injury lawyer here at Maison Law for that free consultation and case evaluation.
Ee recognize your right to the compensation that you deserve for your injuries and damages. We also recognize the value of your friends and family members. If you hire us to to represent you, we’ll keep your bed interest at the forefront of our efforts. Contact us as soon as you can after suffering dog bite injuries and damages at the home of a friend and family member.
Contact a Los Angeles Dog Bite Lawyer Today
If a dog bites you or a loved one to cause a serious injury, make sure your family doesn’t need to cover the costs of the recovery. Holding a negligent dog owner responsible is vital when you want to ensure you don’t lose everything while trying to pay medical expenses.
The dog owner’s insurance company may try to get you to take some of the blame for the dog bite, but don’t fall for this “bad faith” tactic. They simply want to reduce the amount of money they’ll have to provide as you recover.
After a dog bite at a restaurant, contact an experienced Dog Bite Lawyer such as Martin Gasparian for a free and confidential case evaluation. Mr. Gasparian takes a hands-on approach to every case and works to help victims get their lives back on track as quickly as possible without the worry of financial burdens.
