The Dog Bite Statute (Civ. Code, § 3342)--Essential Factual Elements are that: [plaintiff ] claims that [defendant ]'s dog bit [him/her] and that [defendant ] is responsible for that harm. People who own dogs can be held responsible for the harm from a dog bite, no matter how carefully they guard or restrain their dogs.
To establish [his/her] claim, [plaintiff ] must prove all of the following: 1. That [defendant ] owned a dog; 2. That the dog bit [plaintiff ] while [he/she] was in a public place or lawfully on private property; 3. That [plaintiff ] was harmed; and 4. That [defendant ]'s dog was a substantial factor in causing [plaintiff ]'s harm. [Plaintiff ] was lawfully on private property of the owner if [he/she] was performing any duty required by law or was on the property at the invitation, express or implied, of the owner.] (CACI 463) Call Charles P. Charlton for a free consultation immediately at (310) 651-9906.