Dog Attacks or Bites

Dog Attacks or Bites

A dog attack can be terrifying, and there are specific California statutes that establish liability in most dog bite cases. Dog bite injuries are also extremely common, which is why they are regulated. Here are some common issues involving dog bite cases:

DOG ATTACK INJURIES CAN BE EXTREMELY SERIOUS, DISFIGURING AND CAUSE NERVE DAMAGE, SPINE, AND BRAIN INJURIES: Dog bite injuries often lead to nerve damage and disfiguration, or even lost limbs, toes, or fingers, as a result of where the teeth clamp, tear, lacerate, and puncture the skin, muscle, ligaments, and even bone. However, when dogs attack they often also pull on arms, legs, hands, or feet, causing people (usually elderly) to fall and fracture hips, and arms, dislocate shoulders, or suffer brain trauma. 


OWNERS OF DOGS ARE LIABLE FOR DOG BITES REGARDLESS OF VICIOUSNESS OF THE DOG:  Dog bites and attacks are governed by California Civil Code Section 3342 which states: 

(a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner.

(b) Nothing in this section shall authorize the bringing of an action pursuant to subdivision (a) against any governmental agency using a dog in military or police work if the bite or bites occurred while the dog was defending itself from an annoying, harassing, or provoking act, or assisting an employee of the agency in any of the following:

(1) In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect’s involvement in criminal activity.

(2) In the investigation of a crime or possible crime.

(3) In the execution of a warrant.

(4) In the defense of a peace officer or another person.

(c) Subdivision (b) shall not apply in any case where the victim of the bite or bites was not a party to, nor a participant in, nor suspected to be a party to or a participant in, the act or acts that prompted the use of the dog in the military or police work.

(d) Subdivision (b) shall apply only where a governmental agency using a dog in military or police work has adopted a written policy on the necessary and appropriate use of a dog for the police or military work enumerated in subdivision (b).

DOG BITES MUST BE REPORTED BY MEDICAL PROVIDERS AND DOG BITE REPORTS SHOULD ALWAYS BE MADE:  Medical treatment providers are required to report dog bites. Click here for the 17 California Code of Regulations.


ALWAYS MAKE A DOG BITE REPORT:  Additionally, always report to animal control officials in the area where the dog bit occurred. They should always be notified in every case so they can assess the dog in person, as it may be a danger to others in the future. Even if animal control does not recommend that the dog be euthanized, it does not mean the owner is free from fault for the dog bite or dog attack. Under California law, the dog owner is still responsible for damages and injuries under the statute cited above, as well as common law negligence and other causes of action. 

 

RETAIN AN EXPERIENCE DOG BITE ATTORNEY AND DOG ATTACK ATTORNEY: Always retain an attorney with experience in dog bite cases, as causation, comparative fault, and other arguments will be made in every case involving dog attacks. Often these cases are litigated due to arguments that the owner did not have notice of dangerous propensities in the dog, that the dog was provoked, or that the injuries were not caused by the dog attack and pre-existed the attack (especially with spinal and head injuries).

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