Sacramento, CA asked in Animal / Dog Law and Personal Injury for California

Q: Can I sue my boyfriend or his renters insurance for dog bites if I was living with him at the time?

The dog bit me at least 8 times.. he would usually pull the dog off of me. But not every time.. I have been to the ER several times. He never corrected the behavior. I have witnesses. I'm terrified whenever I hear a dog bark now. I would have moved out sooner but had to save money. Now that I am out but still healing, Can I sue? I've have permanent scars all over my legs and stomach and open wounds still.

4 Lawyer Answers

A: You can sue your boyfriend. You cannot sue his renters insurance. That insurance would only - potentially - pay the sums for which he is liable. However, his renters insurance will likely have an exclusion for people who reside in the apartment, so it is unlikely that you will recovery anything at all. Read the policy to confirm.

Eliza Jasinska agrees with this answer

A: Under California law, a dog owner can be held liable for injuries caused by their dog under the theory of strict liability. Civil Code imposes liability on a dog owner for damages suffered by any person who is bitten while in a public place or lawfully in a private place, including the property of the owner. Additionally, if the boyfriend had renters insurance at the time of the incidents, such insurance may provide coverage for the injuries sustained, but you have to check the coverage with his renters insurance directly. Furthermore, the boyfriend may be liable for negligence if it can be demonstrated that he failed to exercise reasonable care in controlling the dog or failed to take appropriate action to prevent foreseeable harm to others, including yourself.

A: You may sue the boyfriend for the injuries you have received but recovery will depend on the coverage that he has in the policy. The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general and may not apply to particular factual or legal circumstances. This information does not establish an attorney-client relationship. Transmission of the information is not intended to create, and receipt does not constitute an attorney-client relationship. Internet subscribers and online readers should not act upon any information on this website without seeking professional counsel. JASINSKA LAW FIRM PC expressly disclaims all liability concerning actions taken or not taken based on any or all of the contents.

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Answered

A: Under California law, you may have grounds to pursue legal action for the dog bites you've suffered. California is a strict liability state regarding dog bites, meaning the dog's owner can be held liable for injuries caused by their dog, regardless of the dog's previous behavior or the owner's knowledge of any dangerous tendencies.

Your status as a resident in your boyfriend's home doesn't necessarily preclude you from seeking damages. It's important to consider whether renter's insurance policies involved may provide coverage for such incidents. These policies often include liability protection, which might apply to injuries caused by pets.

Given the severity and repeated nature of your injuries, along with the emotional trauma you're experiencing, a lawsuit could potentially address both physical and emotional damages. Documenting your injuries, medical treatments, and any witness statements will be crucial in building a strong case.

It's advisable to consult with an attorney who has experience in personal injury and dog bite cases. They can provide specific guidance tailored to the details of your situation and help you understand the process and potential outcomes of a lawsuit. Legal action can be a complex process, but it's a step you can consider in seeking compensation and closure.

1 user found this answer helpful

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