Categories
Personal Injury

“When Are You Liable For Another Person’s Driving?”

Situations where you can be liable, even though you were not driving the vehicle:

Your children are an extension of you, in more ways than one.  In California, parents are jointly liable for the acts of their children in regards to driving a vehicle in two circumstances:

(a) The parent signed and verified the application for the minors driving license (Vehicle Code 17707) or
(b) The parents gave express or implied permission for their minor to drive their vehicle, whether the minor is licensed or not. (Vehicle Code 17708)

Other situations where you can be personally liable for another person’s driving include:
(1) when your employee is driving for employment related duties; or
(2) What is referred to as negligent entrustment: when one lends their car to an incompetent or unfit driver, and the person was aware that the driver was incompetent or unfit, for example if someone were to lend their vehicle to an obviously intoxicated person.

Sacramento Personal Injury Lawyer Michael Rehm represents the victims of accidents. Call (916) 476-9781 for more information on how he can help you.

Categories
Dog bite Personal Injury

Sacramento Dog Bite Attorney

Sacramento Dog Bite Lawyer

Free consultations: (916) 476-9781

Sacramento Personal Injury Lawyer Michael Rehm provides representation to all victims of dog bites. Dog bite can lead to serious injuries and the need for an attorney that understands the law surrounding dog bites is crucial. The law is outlined below:

California Civil Code 3342:

(a) 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.

Elements:

  • Dog Owner –
    1. Owner – does not require knowledge of the dogs viciousness
    2. Landlord or Keeper- does require knowledge
  • Dog Bite – only applies to biting, not other acts. If there is no bite (scratch), there is no strict liability. Negligence possibly.
    1. Dog Bite – does not have to leave wound or puncture skin.
  • Public Or Private Property –A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner.
    • Whether the dog is restrained or loose is not relevant.
  • Causation & Damages – strict liability offense, meaning if the above are satisfied, the owner of the dog is liable for any injuries sustained because the dog bite. You do not have to show negligence on the owner of the dog.

Police or Military Dogs – statute does not apply unless the agency using the dogs has no written policy in regards to the necessary and appropriate use of the dog, a.        or the person that was the victim of the bite “was not a party to, nor a participant in, nor suspected to be a party to or a participant in, the act or acts that prompted the use of the dog in the military or police work.”

Statute of Limitations- two years from the date of the injury.

In summary, the owner of the dog is strictly liable for the acts of the dogs, no matter how many precautions the owner established.  It is not a defense for the owner, that the dog was on a leash or that the owner was unaware the dog would bite in general. If you have suffered an injury from a dog bite, call Sacramento Dog Bite Attorney Michael Rehm at (916) 476-9781 to determine what options you have.