Quantcast

SOUTHERN CALIFORNIA RECORD

Thursday, September 19, 2024

Plaintiff Alleges Negligence Against Homeowner Over Dog Attack

State Court
5ffe1017 5064 40a5 9852 a90d8b56306e

hammer and American flag | https://unsplash.com/

A dog attack has led to a lawsuit filed in Ventura County, California, where the plaintiff seeks damages for injuries sustained. On August 12, 2024, Quynh Nguyen lodged a complaint against David M. Strassman in the Superior Court of California, Ventura County.

The case revolves around an incident that occurred on August 14, 2022. Quynh Nguyen had arranged to house-sit at Strassman's residence located at 2097 Los Encinos Road in Ojai, California. During her stay, she was viciously attacked by Strassman's dog. The attack resulted in multiple bites to Nguyen's right foot, causing significant physical and emotional distress. Following the incident, Nguyen sought immediate medical attention at Ojai Valley Community Hospital Emergency Room.

Nguyen's complaint includes three causes of action: strict liability under Cal. Civ. Code § 3342, negligence per se, and general negligence. She asserts that Strassman is liable for her injuries as the owner of the dog and alleges that this was not the first time the dog had bitten someone. The complaint also mentions that the dog was subsequently put down.

The plaintiff's legal argument is grounded in several points. Firstly, under Cal. Civ. Code § 3342, a dog owner is strictly liable for any damages caused by their dog biting someone lawfully on their property or in a public place. Secondly, Nguyen argues negligence per se based on the same statute, which presumes negligence if a law designed to protect people from harm is violated without lawful excuse. Lastly, she claims general negligence under California Civil Code section 1714(a), which holds individuals responsible for injuries caused by their lack of ordinary care or skill.

Nguyen seeks various forms of relief from the court: general damages within the jurisdictional limits of the court to be proven at trial; compensation for all medical and related expenses; reimbursement for past and future sundry expenses; costs incurred during litigation; prejudgment interest; and any other relief deemed just and proper by the court.

Representing Quynh Nguyen is attorney Matthew J. Geragos from Geragos Law Group based in Glendale, California. The case has been assigned Case No. 2024CUPPO28279 and will be presided over by Judge Brenda L. McCormick.

ORGANIZATIONS IN THIS STORY

More News