California Dog Bites are Rising: What to Know
Furbabies, pups, or pooches – whatever you want to call these four-legged American family staples – are everywhere. California even has dog catering restaurants and lounges for owners and pets. Almost 40% of all United States households have at least one dog in them. We get it; they may be cute, small, big, fluffy, hypoallergenic, a working dog, a lap dog, and usually an extremely loyal and lovable pet.
However, when a dog crosses the line and bites you or your child, they no longer seem so sweet and innocent, and you have the right to legal recourse. According to The California Department of Public Health (CDPH), dog bites have steadily risen in California. Additionally, dog bites rarely discriminate; they can occur with any dog breed and happen to anyone. However, many states still have a more lenient “one bite” policy that adheres to an archaic “one bite rule,” which simultaneously serves as a shield and sword.
The policy shields dog owners from liability for some dog bites and imposes liability for other dog bites. This general rule stipulates that when a dog injures someone, the owner and any other parties connected to the dog’s ownership are not to be held liable unless a different basis can be established for said liability. However, California does not participate or recognize the “one bite” rule.
What does the law say in California about dog bites?
California is a “strict liability state” for dog bites. What does this mean for dog bite injury claims? California’s laws regarding dog bites translate as an owner being liable if their dog bites another person, regardless of whether this is the first time the dog has injured someone. Additionally, the law extends to nearly all locations, public, private, and even the dog owners’ own home (if lawfully on the property), “regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness” (§ 3342. a). Dog owners are liable for any damages caused by their dogs to the victim(s) in a dog bite or dog attack situation (except in trespassing or most cases involving police and military canines).
What should dog owners do to prevent dog bites?
According to The American Veterinary Medical Association (AVMA), dogs can bite for various reasons. Still, there are many steps owners can and should take to decrease the likelihood of dog bites and even entirely prevent them. AVMA recommends training your dog for different settings, providing socialization training, gauging your dog’s temperament, accessing, and avoiding risky situations, and being a responsible pet owner can prevent dog bites from happening.
What should you do immediately after a bite or attack?
Approximately 4.5 million people are bitten by a dog in The US annually, according to The Center for Disease Control (CDC), and 800,000 of them require and seek medical attention following the attack. First, take comfort in knowing you are not alone, and you have every right to seek a legal avenue for all damages, including (but not limited to) seeking compensation for related medical expenses.
Let’s first discuss the importance of medical attention and documentation. It is imperative you seek medical attention right away after sustaining a dog bite injury for various reasons, some more evident than others. Still, all play a critical role in preserving your health as well as gathering evidence for your claim.
Different types of injuries sustained from dog bites and attacks
The risks and issues associated with dog bites include infection, exposure to rabies (if the owner is not in compliance with the law and vaccinations), bleeding, flesh wounds, or lacerations. Injuries to the face, particularly eye injuries, are common in dog bite victims in the ER and often require plastic surgeons. Other injuries can include damage to your hands, arms, and other appendages when trying to protect yourself during a nasty dog attack. Strained muscles can accompany even minor dog bites along with puncture wounds. An angry or vicious animal triggers our fight or flight response.
If you are protecting your child or elderly family member, you may choose to sacrifice yourself while telling your loved one to back away and get to safety. As a result, you may contract the worst of the attack.
On the other hand, if you are alone and get bit, you may try to flee the situation, but this can result in the bite(s) accompanied by a bad fall, torn ligaments, broken bones, or even a head injury.
Example: In high intensity and violent situations, when a dog is attacking, taking the lesser of two evils, a victim may extend a jacket sleeve, purse, or even out of desperation, an arm in an attempt to deter the aggressive animal from biting more sensitive areas such as the thigh, potentially puncturing a vital artery, or from lunging at and disfiguring a face. All of the injuries described are conceivable and are more reasons to obtain medical attention right away.
Note: No matter how mild the bite or severe the incident, medical treatment is wise and will start your official documentation of damages.
What does compensation look like in dog bite injury cases?
Victims of dog bites can recover significant amounts of money for economic and non-economic damages. The following types of expenses and losses can be calculated as monetary or financial damages:
- Loss of earnings
- and future earning capacity
- Doctor and hospital bills
- Prescriptions
- Diagnostic tests
- Rehab facilities and physical therapy
- Medical devices, equipment, and prosthetics
- Long Term Care (LTC) related costs
A person’s non-economic damages are based on the subjective impacts the injury has on the victim’s life in general, mental state, and emotional wellbeing, such as:
- Pain and suffering
- Emotional distress caused by the incident and the injury
- The psychological impact of disfiguring damage or life-altering injury
The above list is only some of the possible compensable damages in California. A dog bite victim is legally entitled to receive compensation for their injuries. A proficient California dog bite attorney will help you review legal options, decide the best course of action, and structure your claim appropriately.
In California dog bite cases, Castillo & Associates attorneys are exceptionally skilled. Over the years, the firm has successfully recovered compensation for thousands of injured accident victims. Contact us for a no-obligation consultation via our online Contact Form and let our firm start fighting for you.
Attorney Domingo Castillo handles workers’ compensation, personal injury, family law & immigration throughout Southern California from our 5 offices: Indio, Pomona, Riverside, San Diego & Cathedral City. We help clients file injury claims, obtain residency & citizenship, and we assist families through divorce, child custody and all family law matters.
