How We Prove Prior Notice of the Dog's Viciousness Against The Property Owner

The problem often times in obtaining liability against the property owner is proving that the property owner (if the property was rented to the dog owner) had prior notice of the dog's vicious propensities. Some of the ways we prove and meet this hurdle is by interviewing those who manage the home such as gardeners, pool men, etc., and those who would have any contact with the property and/or the property owner. Neighbors are an excellent source for us. Hopefully, in the past, a neighbor had notified the property owner of the dog's vicious propensity. We obtain their declarations before the filing of the law suit.

Postal carriers report incidents to their supervisors of dog bites or of vicious dogs. The supervisor will then sometimes notify the property owner as well as the tenant and threaten the disruption of mail service to the home.

Our investigation of every dog bite case includes obtaining the dog's veterinarian history and all records from the local board of animal control. From those records we can discover the history and see all reports, including names and addresses of all prior victims. Sometimes, the prior victims had notified the landowner.

Lastly, we review the lease agreement between the landlord and the tenant because sometimes those lease agreements allow annual inspections. Perhaps, the landowner or its agent had a prior inspection and an encounter with a vicious dog and then notified the landlord. Further, residential home leases provide a provision regarding dogs that may help to prove prior notice.

Very few law firms are able to successfully pursue dog bite cases against the property owner. Unlike these law firms, we have significant experience in doing so.

We will obtain the evidence before the defense has the opportunity to hide it during discovery.

Remember, the dog owner has strict liability under California Law but liability for the property owner is notice based. The property owner must know that: (1) The dog was there; and (2) the dog had dangerous propensities. We must also establish that the landowner had the ability or power to correct the situation. That is not really a problem because a residential lease will usually have language providing the landlord with power. We can use that ability to prove that the land owner would have had the power to correct the situation.

If you or a loved one suffered a severe injury from a dog bite, please contact the Law Offices of Nadrich & Cohen immediately.