How and why to use a California Public Records Request in a Dog Bite or Attack Case. Collecting evidence early is the key to many cases and is certainly true for dog bite and animal attack cases. In addition to documenting your injuries, photographing the dog or animal, and getting medical treatment, you will want to ask animal control whether that particular dog has any previous citations. This can help bolster your case even though in California there is strict liability for dog bites. That means the dog owner is liable if their dog bites someone. The victim does not have to prove the dog was dangerous or the owner acted negligently. You only need to prove that you were bit or attacked. Here is a sample California public records act request to animal control that you can use. If you would like it in Word format, please send me an email.
VIA CERTIFIED MAIL
[DATE]
Animal Care and Control
[STREET ADDRESS]
[CITY STATE ZIP]
PUBLIC RECORDS ACT REQUEST
Re: RE: Dog Bite at [DOG OWNER HOME ADDRESS]
Dog Owner: [DOG OWNER NAME]
Date of Incident: [DATE OF ATTACK]
Dear Public Records Administrator:
Pursuant to the California Public Records Act (Government Code Section 6250 et seq.), I am requesting a copy the following, which I understand to be held by your agency:
1. All records regarding any dog residing at [DOG OWNER HOME ADDRESS] within the past 10 years.
2. All complaints regarding any dog located at [DOG OWNER HOME ADDRESS] within the past 10 years.
3. Any and all photos or video regarding any dog located at [DOG OWNER HOME ADDRESS] within the past 10 years.
4. All permits regarding any dogs located at [DOG OWNER HOME ADDRESS] within the past 10 years.
5. All citations for any dogs located at [DOG OWNER HOME ADDRESS] within the past 10 years.
6. All records including citation, permits, licences for any dogs owned by or under the control of [DOG OWNER NAME] residing at [DOG OWNER HOME ADDRESS].
I ask for a determination on this request within 10 days of your receipt of it, and an even prompter reply if you can make that determination without having to review the record[s] in question.
If you determine that some but not all of the information is exempt from disclosure and that you intend to withhold it, I ask that you redact it for the time being and make the rest available as requested.
In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any or all of the information is exempt and will not be disclosed.
If I can provide any clarification that will help expedite your attention to my request, please contact me at [YOUR PHONE NUMBER] or [YOUR EMAIL].
You can send the records electronically to my email at [YOUR EMAIL] or physically to [YOUR ADDRESS].
Thank you for your time and attention to this matter.
Sincerely,
Very truly yours,
[YOUR NAME]
