Dog Attack Defendant Loses Appeal

Although I do not practice criminal law, the Marjorie Knoller/Diane Whipple case is interesting, and back in the news. Hence, this post.

Normally, a person whose dog attacks another person is strictly liable for the injuries caused by the dog attack. Basically, the only requirement is that the plaintiff either be on public property or that he/she be on private property with permission to be there. In other words, so long as you are not trespassing, you can collect from the owner if his/her dog bites you.

But there is also a criminal side to this. The jury found her guilty of both murder and involuntary manslaughter. The trial court overturned the murder conviction, but an appeals court reinstated it, finding that she acted with "a conscious disregard for human life" and reinstated her murder conviction. The The California Supreme Court declined to review that reinstatement, without making any comment on the case.

If you have been injured in an Oakland dog attack, call a personal injury attorney today. Pete Clancy can be contacted directly by calling 925-835-7500.