Laguna Hills resident, Dr. Elaine Christian, has filed a Orange County dog bite claim against the city after she was mauled by three bull mastiffs in December. According to an article in The Orange County Register, the California dog bite lawsuit states that the city should have done more to protect her from the dogs. The 61-year-old Christian was the victim of a vicious dog attack on December 18, 2008. Christian alleges that the city was aware of specific incidents that should have prompted an investigation into whether the dogs were "dangerous or vicious" dogs.
The dog owner is identified in the claim as Leslie Rodriguez. The claim also gives several examples of the bull mastiffs' aggressive behavior. The claim includes instances when the dogs were loose in the neighborhood, when a woman was accosted by one of the dogs in her garage and another time when the mastiffs got into a dog fight in Newport Beach. Christian alleges that the city is liable because it was aware of general deficiencies in Orange County Animal Care Services' dealing with dog bites and had noticed the dogs were "potentially dangerous or vicious," but failed to use reasonable diligence to ensure the animals were properly restrained.
Christian says she has suffered extensive physical and emotional personal injuries as a result of the Southern California dog attack with medical expenses amounting to more than $150,000 so far. Among her personal injuries were cuts to the right forearm and left thigh, right and left lower leg, buttocks, right flank and left and right hip. She also suffered several cuts, bruises and puncture wounds all over her body.
California has a "strict liability statute” when it comes to dog bite cases. This essentially means that the dog owner is responsible for personal injuries or damages suffered by any person who is bitten by the dog in a public place or in private property, provided they are there legally.
In California a person bitten by a dog sues in state court under California’s Civil Code Section 3342 which states: "The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness."
If this news report is accurate and if the allegations made in the claim are true, not only the city but also the dog owner should be held liable for the dog bite personal injuries and emotional trauma caused to the victim, Dr. Elaine Christian. The city apparently did very little in spite of the dogs' history of viciousness. This incident need not have happened. It could have been prevented had the city's animal control department taken the appropriate steps and charged the dog owner for negligence.
SLS Consulting