Generally speaking, if you were visiting a friend and their dog bit you on their property, you would be able to file a claim against their homeowner’s insurance. But what happens when the friend you’re visiting is just renting the property? And they don’t have renter’s insurance? You may think you’re out of luck but the truth is that in some cases, the owner of the property may still be responsible for the damages.
California laws regarding a landlord’s duty to inspect for dangerous animals
There are some circumstances in which a landlord would be considered liable for injuries caused by a dog owned by their tenant. Generally speaking, California landlords aren’t required to inspect their properties to see if there are dangerous animals being kept there. However, if the landlord knows about the animal and the right to remove it from the premises, then they may have a duty to take action.
As a result, if a tenant’s dog bites someone, then the landlord could be held liable for the costs associated with those injuries – provided the landlord knew that the dog was on the property and that it was dangerous.
It’s also true that if a dog escapes from the renter’s property as a result of the landlord not securing the property, and the dog bites someone will it’s out, then the landlord may be responsible. In this case, it depends on what wasn’t secure about the property and if the landlord knew about the issue.
You must prove two things to recover damages from a landlord for dog bite injuries
In the state of California, your dog bite attorney will need to prove two things:
- The landlord knew that there was a dog on the property;
- The landlord knew that the dog was dangerous.
Witnesses of the dog mauling may be eligible to recover damages
If a person sees a family member mauled by a dog then they may be eligible to recover compensation for emotional distress – even though they weren’t touched by the dog. It’s true that clients in this case generally don’t suffer from physical injuries, the emotional impact can be significant. It could include:
- Fright
- Mental anguish
- Horror
- Anxiety
- Grief
- Nervousness
- Worry
In order to litigate a case for negligent inflection of emotional distress, numerous things must be proven:
- The person who owned the dog was negligent.
- The family member was at the scene when it was occurred and they were aware that their family member was being mauled by a dog.
- The result was significant emotional distress for the family member.
- The owner of the dog was a major factor in causing this emotional distress.
No matter how you were involved in a dog bite, talking with a Law Offices of Fernando D. Vargas is a good idea. Call us today at 909-982-0707 to work with an attorney who has decades of experience and will fight for your rights.
