All dogbite complaints contains a cause of action. These dogbite compliants are the first document that you file with the clerk of the court to start your dogbite lawsuit. Generally, it contains first the names of the parties, courthouse where dogbite complaint is filed, vicarious liability allegations, doe allegations, theories of recovery you are suing on, the date of the dogbite attack, ultimate facts, a prayer and if suing for punitive damages, specific facts which allege maliciousness, oppression and fraud.
A cause of action is the facts that describe the occurrence or transaction of events that make up the dogbite compliants. Here is an example for demonstrative purposes.
This lawsuit arises out of a dog attack that occurred on or about January 1, 2016. Plaintiff was attacked by a dog owned, kept or harbored by Defendant. The dog attacked Plaintiff without any warning or provocation and bit Plaintiff on the hand. The attack has caused serious permanent injury to Plaintiff and damages resulting from the dog bite. Here, the allegations satisfy a theory of recovery under the California dogbite statute.
This seems basic, however, there is skill in how cause of action are plead in dogbite complaints since it must contain the ultimate facts required to support the legal elements for each theory of recovery. Every cause of action in dogbite complaints may support more than one theory of recovery. Think of a theory of recovery as the means to achieve winning the dogbite lawsuit. The theory of recovery identifies the legal theory upon which you have a right to sue and be compensated.
Some theories of recovery in dogbite complaints may be based on the legal theory of negligence, negligence per se, common law strict liability, premise liability and in some states a dog bite statute or other recognized theories.
It avails little to know what ought to be done, if you do not know how it is to be done.