If you or a loved one has been bitten by a dog in Los Angeles, you might feel scared and unsure of what to do next. Dog bites can cause serious injuries and emotional distress. A dog bite attorney in Los Angeles can help you understand your rights and get the compensation you deserve.
They will guide you through the legal process, handle paperwork, and fight for your case so you can focus on healing. In this article, we will explain how a dog bite attorney can assist you and what steps to take after a dog bite incident.
California’s dog bite law, found in California Civil Code Section 3342, says that dog owners are always responsible if their dog bites someone. This means that even if the dog has never bitten anyone before and the owner didn’t know the dog might bite, the owner still has to pay for the injuries. Here is a detailed explanation of the law:
Key Provisions of California’s Dog Bite Law
Strict Liability
Automatic Responsibility: Dog owners are always responsible if their dog bites someone in a public place or when the person is legally on private property, including the owner’s property.
No Need to Prove Negligence: Victims do not have to show that the owner was careless or knew the dog could bite. The fact that a bite happened is enough to hold the owner responsible.
Conditions for Liability
Location of the Incident: The bite must happen in a public place or when the person is legally on private property. A person is legally on private property if they are there to do a job required by law (like postal workers) or if the owner invited them, either directly or indirectly.
Definition of a Bite: A bite includes any situation where a dog uses its teeth to grab a person, even if it doesn’t break the skin. For example, if a dog grabs someone’s clothes and causes an injury, it counts as a bite under the law.
Exceptions to Strict Liability
Trespassers: Dog owners are usually not responsible for bites to people who are illegally on their property (trespassers). However, in rare cases, a trespasser might prove the owner’s negligence and seek compensation.
Provocation: If the victim provoked the dog, the owner might not be responsible. Provocation includes actions like teasing, hitting, or aggravating the dog.
Law Enforcement and Military Dogs: Dogs used by law enforcement or military are not held to strict liability if they bite while doing their job, such as catching a suspect or protecting an officer. This exemption does not apply if the victim was an innocent bystander.
Veterinarians and Vet Assistants: Owners are generally not responsible if their dogs bite veterinarians or vet assistants during treatment because these professionals accept the risk of being bitten.
Common Infections from Dog Bites
1. Bacterial Infections
Pasteurella spp.: Found in over half of dog bite wounds, Pasteurella can cause serious infections with intense inflammation, pain, and tissue damage. Symptoms include redness, swelling, and pus around the wound.
Staphylococcus and Streptococcus spp.: These bacteria can cause infections like cellulitis, which shows as redness, swelling, and warmth around the bite. Severe cases can lead to abscesses or widespread infections.
Capnocytophaga canimorsus: This bacterium is especially dangerous for people with weakened immune systems. It can cause severe infections leading to sepsis, gangrene, and even death if not treated promptly.
2. Viral Infections
Rabies: Rabies is a deadly virus that attacks the central nervous system. Early symptoms are fever, headache, and general weakness, which can progress to confusion, paralysis, and fear of water (hydrophobia). Immediate treatment after exposure is crucial to prevent symptoms.
3. Other Infections
Tetanus: Caused by the bacterium Clostridium tetani, tetanus results in muscle stiffness and spasms. A tetanus booster shot is recommended if the person hasn’t been vaccinated in the last five years.
MRSA (Methicillin-resistant Staphylococcus aureus): This infection is resistant to many antibiotics and can cause severe skin and soft tissue infections, often needing extensive medical treatment.
Dog Bite Statistics in California
California
- ER Visits: In 2022, there were 48,596 emergency room visits in California due to dog bites, which means 125 visits for every 100,000 residents. This is a 70% increase in visits since 2005.
- Hospitalizations: The number of people hospitalized for dog bites has nearly doubled since 2006, showing a significant rise in severe cases.
- Fatalities: From 2018 to 2022, dog bite-related deaths in California increased by 70%, with 28 fatalities during this time. In 2019, California had the highest number of dog bite-related deaths in the U.S., with 9 deaths.
- Insurance Claims: In 2019, California had the most dog bite injury claims in the nation, with 2,396 claims. The average cost per claim was $51,264.60.
Los Angeles
- Dog Bites: Around 20,000 people are bitten by dogs each year in Los Angeles County.
- Top City for Dog Bites: Los Angeles ranked first among U.S. cities for dog bites, with 65 incidents reported in 2023.
- ER Visits: The city has seen a big increase in emergency room visits due to dog bites, which contributes to the overall rise in California.
National Statistics
- Annual Bites: About 4.5 million Americans are bitten by dogs each year, and around 800,000 of these bites require medical attention.
- Fatalities: Dog bites cause 30-50 deaths annually in the United States, with pit bulls responsible for over half of these fatalities.
Quick Facts about Dog Bites
Medical Attention
Need for Care: Nearly 1 in 5 dog bite victims need medical attention, with around 800,000 people seeking care annually.
Common Victims
Children at Risk: Children are the most common victims, making up about 50% of all reported dog bite cases. Kids aged 5-9 have the highest rate of bites per capita.
Insurance Claims
Claim Costs: The average cost of a dog bite insurance claim in 2023 was $64,555. Homeowners insurers paid out $1.12 billion in liability claims related to dog bites and other dog-related injuries in 2023.
Common Breeds
Breeds Involved: The breeds most commonly involved in dog bite incidents are pit bulls, German Shepherds, and Rottweilers. These breeds together account for nearly 75% of all bites reported in the U.S. each year.
Preventive Measures and Recommendations
Responsible Pet Ownership:
- The U.S. Postal Service and other organizations stress the importance of responsible pet ownership to prevent dog bites. This includes keeping dogs secured inside homes or on leashes and ensuring they are properly socialized and trained.
Public Awareness Campaigns:
- Initiatives like the National Dog Bite Awareness Campaign aim to educate the public on preventing dog bites and promoting safe interactions with dogs.
Top 10 Most Dangerous Dog Breeds
1. Pit Bull
Fatalities: Responsible for the highest number of fatal attacks.
Characteristics: Known for their strength, aggression, and history in dog fighting.
Bite Force: Approximately 235 PSI.
2. Rottweiler
Fatalities: Second highest number of fatal attacks.
Characteristics: Protective, powerful, and territorial.
Bite Force: Approximately 328 PSI.
3. German Shepherd
Fatalities: Known for several fatal attacks.
Characteristics: Intelligent, strong, and often used in police and military roles.
Bite Force: Approximately 238 PSI.
4. Husky
Fatalities: Known for several fatal attacks.
Characteristics: High prey drive, energetic, and strong.
Bite Force: Approximately 320 PSI.
5. Wolf-Dog Hybrid
Fatalities: Known for several fatal attacks.
Characteristics: Unpredictable due to their wild ancestry.
Bite Force: Approximately 406 PSI.
6. Alaskan Malamute
Fatalities: Known for several fatal attacks.
Characteristics: Strong, large, and high energy.
Bite Force: Approximately 556 PSI.
7. Doberman Pinscher
Fatalities: Known for several fatal attacks.
Characteristics: Intelligent, loyal, and aggressive towards perceived threats.
Bite Force: Approximately 228 PSI.
8. Chow Chow
Fatalities: Known for several fatal attacks.
Characteristics: Protective, territorial, and can be aggressive.
Bite Force: Approximately 220 PSI.
9. Great Dane
Fatalities: Known for several fatal attacks.
Characteristics: Large, strong, and can be aggressive if not properly trained.
Bite Force: Approximately 238 PSI.
10. St. Bernard
Fatalities: Known for several fatal attacks.
Characteristics: Large, powerful, and can be aggressive if not properly socialized.
Bite Force: Approximately 195 PSI.
Quick Facts
Fatalities: Pit Bulls and Rottweilers are responsible for the majority of fatal dog attacks.
Bite Force: The Kangal has the strongest bite force at 743 PSI, but it is not typically listed among the most dangerous breeds due to fewer reported attacks.
Aggression: Aggression in dogs can be influenced by factors such as training, socialization, and the environment.
Prevention: Proper training, socialization, and responsible ownership are crucial in preventing aggressive behavior in dogs.
Actions to Follow After a Dog Bite
1. Seek Medical Attention
Immediate Care: Even if the bite seems minor, get medical help right away. Dog bites can cause serious infections and complications.
Documentation: Inform the medical provider that a dog bite caused the injury. Medical records will be essential if you decide to file a legal claim.
2. Report the Dog Bite
Local Authorities: Report the bite to local animal control or law enforcement. This helps document the incident and may prevent future attacks by the same dog.
Public Health: Reporting the bite is important for public health monitoring, especially to check if the dog is vaccinated against rabies.
3. Document the Incident
Photographs: Take clear photos of your injuries, the location of the incident, and the dog if possible.
Witnesses: Collect contact information from any witnesses who saw the attack. Their statements can support your claim.
Dog Owner Information: Get the dog owner’s contact details, including their name, address, and phone number. If the owner is not present, try to identify the dog through neighbors or local authorities.
4. Consult a Dog Bite Attorney
Legal Advice: Speak with an experienced dog bite attorney to understand your legal rights and options. A lawyer can help you navigate the legal process and seek compensation for your injuries.
Insurance Claims: Many dog bite claims are resolved through the dog owner’s homeowner’s insurance. An attorney can assist in negotiating with insurance companies.
5. File a Dog Bite Injury Claim
Strict Liability: Under California Civil Code Section 3342, dog owners are strictly liable for damages if their dog bites someone in a public place or lawfully on private property, regardless of the dog’s previous behavior.
Compensation: You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages.
6. Follow Up on Medical Care
Continued Treatment: Follow your healthcare provider’s instructions for wound care and attend all follow-up appointments.
Monitor for Infection: Watch for signs of infection, such as increased redness, swelling, warmth, or pus. Seek medical attention if symptoms worsen.
7. Legal Reporting and Compliance
Quarantine: In California, dogs that bite must be quarantined for at least ten days to ensure they do not have rabies. This can be done at the owner’s home or a county animal care center.
Legal Documentation: Ensure all reports and legal documents are filed correctly and keep copies for your records.
Quick Facts
Statute of Limitations: In California, you generally have two years from the date of the bite to file a personal injury lawsuit.
Insurance: Homeowner’s insurance policies often cover dog bite claims, which can simplify the compensation process.
Rabies: California law designates all counties as rabies areas, making it crucial to verify the dog’s vaccination status.
Defenses for Dog Owners:
In California, dog owners are held strictly liable for injuries caused by their dogs under California Civil Code Section 3342. However, there are several defenses and exceptions to this strict liability rule that dog owners can raise to potentially avoid or mitigate liability. Here is a detailed overview of these defenses and exceptions:
1. Trespassing
- Definition: The strict liability rule applies only if the victim was lawfully on public property or private property.
- Application: If the victim was trespassing (i.e., on the property without permission or legal right), the dog owner may not be held strictly liable. However, the owner could still be liable under general negligence principles if it can be shown that they failed to take reasonable steps to prevent the dog from causing harm.
2. Provocation
- Definition: Provocation refers to actions that would reasonably cause a dog to bite, such as teasing, hitting, or aggravating the animal.
- Application: If the dog owner can prove that the victim provoked the dog, they may avoid liability or reduce the damages awarded. Under California’s pure comparative negligence laws, the compensation can be reduced by the victim’s percentage of fault.
3. Assumption of Risk
- Definition: Certain professionals, such as veterinarians, kennel workers, and dog groomers, assume the risk of being bitten as part of their job.
- Application: Dog owners can argue that these professionals assumed the risk of being bitten, which may limit or eliminate liability. This is sometimes referred to as the “veterinarian’s rule.”
4. Law Enforcement and Military Dogs
- Definition: Dogs used by law enforcement or military personnel are generally exempt from strict liability when performing their official duties.
- Application: If a police or military dog bites someone while carrying out its duties, the government or agency is typically not held strictly liable. However, if an innocent bystander is bitten, they may still be able to recover compensation under strict liability rules.
5. Not the Owner
- Definition: The strict liability statute applies specifically to dog owners.
- Application: If the person being sued is not the owner but was merely caring for the dog (e.g., a dog sitter), they may not be held strictly liable. Liability in such cases would need to be pursued under negligence principles.
Exceptions to Strict Liability
1. No Dog Bite
Definition: The strict liability statute applies specifically to injuries caused by dog bites.
Application: If the injury was caused by the dog’s actions but not by a bite (e.g., the dog knocked someone over), the strict liability statute does not apply. However, the victim may still pursue a claim under negligence.
2. Statute of Limitations
Definition: There is a time limit within which a victim must file a lawsuit.
Application: In California, the statute of limitations for filing a dog bite injury claim is generally two years from the date of the bite. Claims filed after this period are typically dismissed.
3. Minor Victims
Definition: Special rules apply when the victim is a child.
Application: Children under the age of five cannot be found negligent, meaning the dog owner cannot use the child’s actions to defend against a claim. Additionally, settlements involving minors require court approval.
Also read:
Sacramento Dog Bite Lawyer – Know about Dog bite laws and legal options
