QUESTION

My Dog was using the restroom and a man walking up, dog barked at the man and the man fell, he called the ambulance and said his back hurt, no police.

Asked on Mar 23rd, 2012 on Animal Law - California
More details to this question:
no animal control, can i be sued?
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1 ANSWER

Personal Injury Attorney serving Newport Beach, CA
2 Awards
Sure you can be sued - all it takes is a filing fee to sue someone. The question is whether you face a risk for being held liable for a claim for compensation by the man who fell. In California, the "strict liability" for injury caused by a dog applies only when the dog has bitten someone. You will need to determine - alone or with an attorney - whether strict liability applies to this case. If strict liability does not apply, then the plaintiff must be able to establish that you knew your dog had a dangerous propensity, and that you failed to protect other people from that dangerous propensity, and that the plaintiff was injured because of that dangerous propensity. I don't know how a court would rule about a dog's barking: my guess is that it would not be a dangerous propensity.  It seems to me that a claim for personal injury as a result of a startle response because of a dog bark is a long shot. Not impossible, just tough to find that a dog owner must protect people from a bark.    Brian Chase,  BISNAR|CHASE, Personal Injury Attorneys.  http://www.BestAttorney.com http://www.ProductDefectNews.com  800-956-0123 
Answered on Apr 27th, 2012 at 11:57 AM

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