Dogs are beloved companions, but sometimes, unexpected incidents like dog bites can occur. Comprehensive dog bite law in California is in place to ensure that victims’ rights are upheld. These laws hold dog owners accountable for their pets’ actions, emphasizing victim protection and safety.
Dogs in California Homes
Having a domestic animal or pet in California is a cherished privilege that comes with numerous advantages and obligations. These responsibilities include physical, emotional, and financial aspects, ranging from providing sustenance, engaging in physical activities, maintaining grooming routines, and ensuring veterinary care.
According to a report, 57.2% of California’s households have at least one pet. 40.1% of these California homes have dogs. Do all dog owners know how to ensure other people’s safety around their beloved pets? Do they know what happens if their dog bites someone?
Understanding the Scale of Dog Bite Injuries
The evaluation of dog bites is facilitated by the Association of Professional Dog Trainers (APDT). They developed a scale that helps gauge the seriousness of dog attacks to the bite victim, categorizing them into various levels:
- Level one: Instances where a dog shows aggressive behavior towards a human or another animal but refrains from making physical contact with their teeth.
- Level two: Situations where the dog’s teeth come into contact with the skin but do not puncture it. However, minor bleeding or nicks might occur.
- Level three: Bites that result in one to four punctures from a single bite, without any puncture going deeper than half the length of the dog’s canine teeth.
- Level four: Bites that lead to one to four punctures, with at least one puncture going deeper than half the length of the dog’s canine teeth. This level often leads to profound bruising as well.
- Level five: The dog bites the victim multiple times, resulting in at least two level four bites, or several attacks involving at least one level four bite.
- Level six: The most severe situation, where the attack proves fatal for the victim.
Injured because of a dog bite accident?
California Civil Code Section 3342: The Dog Bite Law
One of the key statutes addressing dog bite cases in California is Civil Code Section 3342. Commonly referred to as the Dog Bite Law in California, this establishes a strict liability rule. This means that dog owners are responsible for any injuries caused by their dogs biting someone, regardless of the dog’s prior behavior or the owner’s knowledge of such behavior. This is a crucial element in protecting victims, as it shifts the burden of responsibility onto the owner.
In most cases, the responsibility for most dog bites rests with the dog owners, unless the victim is present on their private property without lawful authorization. In such instances, the dog owner might assert that the victim was trespassing.
It is vital to recognize that bite victims are still obligated to demonstrate that the attack’s circumstances hold the owner accountable. This typically involves establishing the legal ownership of the involved canine by the dog owner, verifying the implicated dog’s direct involvement in the attack. It should also be confirmed that the victim was not trespassing during the incident. Even if a dog is under the care of a dog walker or housesitter, the legal responsibility typically remains with the owner in case of an attack.
Should a dog bite occur and the owner departs from the scene in a vehicle, attempt to record the license plate number if possible. If the dog remains at the scene and is securely contained, try to identify any contact details, such as an address or phone number on the collar, or a microchip.
Should the pet owner neglect to provide their contact information and the dog’s medical history within 48 hours, the victim may file negligence claims.
What Should You Do if You are a Dog Bite Victim?
Enduring a dog attack can be frightening, and it’s crucial to provide immediate attention to the victim. If you are bitten by a dog, here are the steps to take:
- Cleanse the bite wound: Use mild soap and warm water to gently wash the wound for around 5-10 minutes. If there’s bleeding, halt it by applying a clean cloth. Afterward, apply antibiotic cream and wrap the wound with a fresh bandage.
- Consult a doctor: Seek medical attention and show the doctor the bite. They will assess the situation and determine if you require additional measures, such as stitches or a tetanus shot.
- Properly manage the wound: Regularly change the bandage as directed by your doctor and carefully follow their guidance for the wound’s healing process.
- Stay vigilant for infection signs: Be on the lookout for signs of infection like tenderness, swelling, numbness, discharge of fluids, breathing difficulties, fatigue, or muscle weakness.
Not all dog bites get infected, but it’s important to get the bite checked as soon as possible. The most common infection is Pasteurella, making up about half of cases. There are other infections like staphylococcus aureus, corynebacterium, anaerobes, capnocytophaga canimorsus, and rabies in rare cases.
Infected bites usually need medical care, antibiotics, a tetanus shot, and sometimes a procedure to clean the wound. Remember, if a dog bites you, get the owner’s info, take care of the wound, and watch for signs of infection. Your health comes first.
Who is Liable for the Dog Bite Injury?
The strict liability rule under Section 3342 is advantageous for victims because they don’t need to prove that the owner was negligent or knew about the dog’s aggressive tendencies.
As long as the bite occurred in a public place or while the victim was lawfully on private property, the owner is liable. This provision ensures victims can seek compensation for medical expenses, pain and suffering, and other damages resulting from the bite.
Remember, a dog bite doesn’t have to break your skin to enable you to file claims. The dog or property owners may be held responsible when their dog caused someone to fall by grabbing onto clothing or limbs without breaking the skin.
If possible, contact the police after the attack. They can check things out and make it easier to prove what happened.
Scenarios and Legal Recourse
Let’s look into different situations involving dog bite attacks and identify who could be responsible for the resulting injuries.
Scenario 1: Public Space
When a dog bites someone in a public property like a park or a sidewalk, the victim is safeguarded by California dog bite laws. The owner holds liability for any harm caused, and the victim has the right to submit a bite claim for compensation.
Scenario 2: Trespassing Exceptions
California dog bite laws don’t extend to situations where the injured person was trespassing or intentionally provoking the dog at the time of the bite. In such instances, the trespasser might not be able to hold the owner liable.
Scenario 3: Owner’s Residence
Even if a bite occurs on the property of the dog owner, the victim’s rights are upheld provided they were on the premises legally. However, if the victim was trespassing or unlawfully present, the strict liability laws might not be applicable.
These scenarios showcase how California’s dog bite law operates in different contexts, clarifying who might bear liability and under what circumstances. Getting legal advice from an experienced dog bite lawyer is best to know if you are eligible to file bite injury claims.
What Kind of Compensation Can I Receive from a Dog Bite Case?
Individuals who have been bitten by a dog may pursue a personal injury claim or lawsuit against the owner’s home or renter’s insurance. If insurance isn’t in play, a lawsuit against the owner themselves might be considered.
Thanks to California’s strict liability statute, most dog bite cases tend to be relatively straightforward. This often results in the dog owner or their insurance company compensating the injured party for reasonable care and other relevant expenses.
If you’ve been bitten by a dog, you might be entitled to compensation for the following:
- Medical Expenses: This includes costs associated with medical treatment and hospitalization during your recovery process.
- Pain and Suffering: Dog bite incidents frequently lead to lasting psychological distress. Seeking additional compensation for the emotional toll caused by the injury is often possible.
- Lost Wages: If the dog bite affects your ability to work, you could pursue damages for the wages you’ve lost as a result.
- Disability Benefits: If the dog bite results in disability, you could be eligible to receive disability benefits.
FAQs About Dog Bite Claims
Is there a time limit to file a dog bite claim?
Yes, there is a time limit known as the bite statute of limitations. In California, it’s generally two years from the date of the incident. Waiting too long to file could result in losing your right to seek compensation.
How does a dog owner’s responsibility tie into public safety?
Dog owners have a responsibility to ensure the safety of the public. If their dog poses a threat to others and they fail to take proper precautions, they could be held accountable for any injuries caused by their dog’s actions.
Can a dog owner be held accountable if their dog has a history of aggression?
Yes, a dog owner can be held accountable if their dog has a history of aggression or attacks. If they are aware of their dog’s dangerous behavior and fail to take measures to prevent future attacks, they may be liable for any subsequent injuries.
Are there any postal regulations related to dog bites?
Yes, postal regulations come into play when a dog attacks a postal worker. If a dog poses a threat to postal workers, the owner may be required to take steps to prevent such incidents. Failure to comply with these regulations could lead to legal consequences for the owner.
Consult an Award-Winning Personal Injury Lawyer
The Dog Bite Law in California prioritizes victim protection by imposing strict liability on dog owners for bites that occur in various scenarios. This empowers victims to seek rightful compensation for injuries and damages.
Remember that legal professionals are available to provide the guidance you need. Your rights and well-being matter.
If you or someone you know has been a victim of a dog bite, consult a personal injury attorney specializing in dog bite cases.
Farahi Law Firm is an award-winning California law firm that specializes in handling personal injury cases, including dog bite accidents. Our team of lawyers and medical experts can help evaluate the circumstances, assess potential claims, and guide victims through a dog bite lawsuit if a settlement has not been reached.
We work on a contingency basis. No fees unless we win.
Reach out to us today for a free consultation at (844) 824-2955.
