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Dog Bite

Wesierski & Zurek LLP has handled numerous dog bite cases. Although dog bite incidents generally impose strict liability on dog owners, the Firm has been successful in reaching favorable resolutions in those cases. One example is having brought a motion for summary judgment on behalf of the owner of property on which a dog bite occurred. Plaintiff contended the owner had notice of the vicious propensities of the dog, and as such, had a duty to protect third parties from the animal. Although the landowner was the only party in the case, our motion for summary judgment was granted as plaintiff could not establish the landowner had actual notice of the dog's vicious propensities.

When representing insurance companies, Wesierski & Zurek LLP has been successful in having coverage denied when the homeowner's application does not disclose animals. Homeowner's typically cite to a line of cases holding that to rescind for a falsified application the company has to prove that the misrepresentation was material in the sense that the company would not have written the policy had it known the truth. Despite those cases, we have successfully argued another line of cases that hold any misrepresentation is material and gives the company a unilateral right of rescission.

In addition, Wesierski & Zurek LLP has been able to settle cases involving significant dog bite injuries for a fraction of plaintiffs' initial demands.

Christopher P. Wesierski (Senior Partner/Irvine Office) and Ronald F. Templer (Junior Partner/Irvine Office) were able to settle a dog bite case in which the plaintiff, 7 years old at the time of the incident, sustained large lacerations on both sides of his face. The dog that bit plaintiff had a history of previously biting another child. When defendants sought to obtain some records regarding plaintiff's medical history, plaintiff's counsel filed a motion to quash. The Firm successfully opposed the motion, and obtained monetary sanctions against plaintiff's attorney. The case settled for a small fraction of what was initially demanded.