Dog Bite Laws
The statute of limitation in California
What happens in 2 years?
Under California Vehicle Code they have the right of way a marked or unmarked crosswalk.
What are pedestrians?
The main goal when conducting the initial client intake
What is to gather all relevant details about the incident, injuries, and potential witnesses to build a strong foundation for the case.
The type of insurance typically covers dog bite claims
What is Homeowner’s insurance or renter’s insurance?
Famous dog bite case involved a woman named Diane Whipple who was attacked and killed by two dogs in her San Francisco apartment building in 2001
What is the "Presa Canario" case?
The legal term used in California for holding dog owners responsible for bites, regardless of the dog’s history
What is Strict Liability?
The California law decriminalizes jaywalking and allows pedestrians to cross streets outside of crosswalks under certain conditions
What is the "Freedom to Walk Act"?
A pattern of behavior that supports the victim’s claim and may increase liability for the dog owner.
What is the dog’s history of aggressive behavior in a dog bite case?
The minimum amount of liability coverage required for drivers in California
What is a 15/30k BI and 5k PD policy?
Famous pedestrian case did a 16-year-old named Nicholas Tusant receive a $25.6 million settlement after being struck by a truck while in a crosswalk with flashing lights in 2020
What is the The Nicholas Tusant case?
A defense that a dog owner might use to avoid liability in a dog bite case.
What is the victim being unlawfully on the property? or What is the victim provoking the dog?
California's pedestrian fatality rate compared to the national average
What is almost 25% higher?
A strategy a lawyer might use when an insurance policy excludes coverage for certain dog breeds in a dog bite case
What is looking for other liable parties, such as the landlord or property owner?
Policy that provides additional liability coverage beyond the limits of the standard homeowner’s or auto insurance policies, offering extra protection in significant claims.
What is "umbrella policy"?
Case that led to the establishment of strict liability for dog owners in California, holding them responsible for bites regardless of the dog's past behavior
What is the case of Bessy v. Henry?
Damages are intended to punish the defendant in a dog bite case
What are Punitive Damages?
What must a driver do when approaching a pedestrian in a crosswalk
What is yield the right-of-way to the pedestrian?
They are awarded in cases of particularly egregious or reckless behavior by the defendant, intended to punish and deter similar conduct in the future
What are "punitive damages"?
Scenario where an insurance company might deny a claim based on the "intentional acts exclusion"
What is the insured deliberately caused the injury or damage
Case involved a lawsuit against a city for a pedestrian accident that occurred in a poorly designed crosswalk, leading to a multi-million dollar settlement
What is the case of Biscayne v. City of Los Angeles?
The California Civil Code outlines the liability for dog bites
What is the California Civil Code Section 3342?
The circumstances where a municipality can be held liable for a pedestrian accident under California law
What happens when there is poor street design, inadequate signage, or failure to maintain safe road conditions that contributed to the pedestrian accident?
A claim that is filed by a spouse or close family member of the injured party, seeking compensation for the loss of companionship, affection, or sexual relations due to the injury.
What is a "loss of consortium" claim?
A letter that informs the insured that the insurance company may provide a defense in the claim but reserves the right to deny coverage or withdraw from the case if it determines that the policy does not cover the claim.
What is the impact of a "reservation of rights" letter issued by an insurance company in a liability claim?
Case in California that established landlords could be held liable for dog bites if they knew a tenant's dog was dangerous and did nothing to remove the threat?
What is the case of Uccello v. Laudenslayer?