QUESTION: If I am in a business establishment or place, like a gas station, and a person who is not an employee of that business attacked me, Is it possible to hold the establishment liable for my injuries? ANSWER: Generally, one who has not created a peril has no duty to affirmatively act so as to prevent harm to third persons. However, the law does impose a legal duty to affirmatively act (to protect someone else from danger or to control the conduct of a third person) if there is.
QUESTION: While I was at work, 2 dogs owned by people from down the street broke through my fence and attacked my dog. My dog was severely hurt and was in the hospital for a week. He will still need follow up care to correct the damage. Can I go after the owners of the dogs who attacked mine and have them pay for the vet bills? ANSWER: Under California’s “dog bite statute,” dog owners are strictly liable for injuries caused by their pets [CC § 3342(a)], and this may.
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