Dog Reports

Posts Tagged ‘Lawyer’

Dog Bites and Dog Attack Statutes

In California, the short explanation is that for the most part, a dog owner is liable for the bad actions of his or her dog. For a dog owner to be liable for the damages suffered by a person bitten by the owner’s dog, there is no requirement that the owner had knowledge of the dangerous propensities of his or her dog, or any requirement of knowledge of any previous bite by the dog.

Under California Civil Code Section 3342, the owner of the dog who bites another person, is liable regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness. Under this statute, the owner is said to be strictly liable or subject to strict liability.

As strange as it may seem, while California Civil Code Section 3342 in effect repudiates the common law requirement of scienter, or knowledge of viciousness, California maintains the common law cause of action based on scienter or knowledge of a domestic animal’s dangerousness. Under this common law cause of action used by attorneys for a dog bite in California, liability is based on the owner’s knowledge of the dog’s prior behavior rather than on the owner’s negligence. The usefulness of this cause of action is to establish liability on someone other than the dog’s owner for a dog bite in California.

If you or another family member have been bitten or attacked by a dog and suffered injuries anywhere in Southern California visit our website at http://www.sebastiangibsonlaw.com and call us at any of the numbers easily found on our website.

Dog Bite Negligence and Negligence Per Se

Yet a further way for a dog bite lawyer to establish liability for a California dog bite, is based on the negligence of the person who causes or allows the dog bite or attack to occur. Negligence can be the result of mishandling, allowing a dog to roam the streets unleashed, or improper tying or chaining (note that it is also a misdemeanor under California Penal Code Section 597t to tie an animal in such a manner that will cause the animal to become entangled or injured or which prevents the animal from access to adequate shelter, food and water).

Dog Vaccinations

A dog owner whose dog has not been vaccinated by the age of four months and whose dog bites someone who then must submit to rabies treatment can also be sued by a dog bite attorney in California for violation of the applicable Health and Safety Code Section 1920 and for the cost of and pain and suffering resulting from this treatment.

Dog Propensities For Dog Bites and Causing Injury

Our law firm has even successfully pursued a claim for significant damages when a non-owner allowed a dog with a propensity to jump on others, knocked down a person and caused serious injury to that person.

Dog Bite and Dog Attack Defenses

There are defenses to dog bite and dog attack liability in California, the most common of which involve the provocation of a dog, the comparative negligence of the dog bite victim and assumption of risk by the victim. Persons who handle dogs as part of their occupation, such as veterinarians, dog groomers and dog handlers are deemed to assume the risk of being bitten while the dog that bites them is in their custody. On the other hand, a dog owner who fails to warn such a person or who misleads such a person about the vicious propensities of the animal may not be similarly protected by this defense.

Dog Bites to Children

A special rule involving minors can negate the defenses allowed to a dog owner such as provocation, comparative negligence or assumption of risk. Minors under the age of five are deemed, as a matter of law, to be incapable of negligent acts. They are therefore incapable either of performing a negligent act toward a dog, or of acting with reasonable care toward a dog.

Visit our website at http://www.sebastiangibsonlaw.com and call us if you have suffered a dog bite or been attacked by a dog or any other animal owned by another and been seriously injured anywhere in Southern California.

Dog Bite Defenses

Neither “my dog ate my homework” nor “my dog bit my lawyer” are valid defenses to getting out of school work in California, although children will try to use these excuses without success every year.

Question.

How many people die every year as a result of dog bites?

Answer.

Ten to 20 people die every year as a result of dog bites in the U.S. By far, the majority of the victims are children. In a three-year period between 1999 and 2001, 33 people died after being bitten by a dog. A vast majority of these victims (24 of 33) were under 12 years of age.

Question.

Why do some dogs bite?

Answer.

There are many reasons why a dog bites. Dogs bite out of fear or to protect their territory or to establish their dominance over the person bitten. Some owners mistakenly teach their dogs that biting is an acceptable form of play behavior. And every year a number of newborn infants die when they are bitten by dogs who see them as “prey.” Because dog bites occur for a variety of reasons, many components of responsible dog ownershipincluding proper socialization, supervision, humane training, sterilization, and safe confinementare necessary to prevent biting.

Question.

Which dogs most commonly bite? Are some breeds more likely to bite than others?

Answer.

The breeds most commonly involved in both bite injuries and fatalities changes from year to year and from one area of the country to another, depending on the popularity of the breed. Although genetics do play some part in determining whether a dog will bite, other factors such as whether the animal is spayed or neutered, properly socialized, supervised, humanely trained, and safely confined play significantly greater roles. Responsible dog ownership of all breeds is the key to dog bite prevention.

Question.

How can local laws prevent dog bites?

Answer.

The most effective dangerous dog laws are those that place the legal responsibility for a dog’s actions on the owner rather than on the dog. The best laws hold the owner accountable for the bite victim’s pain and suffering, and mandate certain corrective actions such as spay/neuter and proper confinement of the dog. For more information on legislation that will effectively reduce dog bites in your community, contact The HSUS. For guidance on developing a dog bite prevention plan in your community, read the American Veterinary Medical Association’s A Community Approach to Dog Bite Prevention.

Question.

What should I do if I am bitten by a dog?

Answer.

If you are bitten or attacked by a dog, try not to panic.

º Immediately wash the wound thoroughly with soap and warm water.

º Contact your physician for additional care and advice.

º Report the bite to your local animal care and control agency. Tell the animal control official everything you know about the dog, including his owner’s name and the address where he lives. If the dog is a stray, tell the animal control official what the dog looks like, where you saw him, whether you’ve seen him before, and in which direction he went.

Question.

Can children be taught to avoid being bitten by a dog?

Answer.

Yes, just as we teach our children to practice safety in other situations, we can teach them to be safe around dogs. The most important lessons for children to learn are not to chase or tease dogs they know and to avoid dogs they don’t know.

Question.

Is there any way I can “bite-proof” my dog?

Answer.

There is no way to guarantee that your dog will never bite someone. But you can significantly reduce the risk. Here’s how:

º Spay or neuter your dog. This important procedure will reduce your dog’s desire to roam and fight with other dogs, making safe confinement an easier task. Spayed or neutered dogs are three times less likely to bite.

º Socialize your dog. Introduce your dog to many different types of people and situations so that he or she is not nervous or frightened under normal social circumstances.

º Train your dog. Accompanying your dog to a training class is an excellent way to socialize him and to learn proper training techniques. Training your dog is a family matter. Every member of your household should learn the training techniques and participate in your dog’s education.

º Never send your dog away to be trained; only you can teach your dog how to behave in your home.

º Teach your dog appropriate behavior. Don’t play aggressive games with your dog such as wrestling, tug-of-war, or “siccing” your dog on another person. Set appropriate limits for your dog’s behavior. Don’t wait for an accident. The first time he exhibits dangerous behavior toward any person, particularly toward children, seek professional help from your veterinarian, an animal behaviorist, or a qualified dog trainer. Your community animal care and control agency or humane society may also offer helpful services. Dangerous behavior toward other animals may eventually lead to dangerous behavior toward people, and is also a reason to seek professional help.

º Be a responsible dog owner. License your dog as required by law, and provide regular veterinary care, including rabies vaccinations. For everyone’s safety, don’t allow your dog to roam. Make your dog a member of your family: Dogs who spend a great deal of time alone in the backyard or tied on a chain often become dangerous. Dogs who are well-socialized and supervised rarely bite.

º Err on the safe side. If you don’t know how your dog will react to a new situation, be cautious. If your dog may panic in crowds, leave him at home. If your dog overreacts to visitors or delivery or service personnel, keep him in another room. Work with professionals to help your dog become accustomed to these and other situations. Until you are confident of his behavior, however, avoid stressful settings.

Question.

What should I do if my dog bites someone?

Answer.

If your dog bites someone, act responsibly by taking these steps:

º Confine your dog immediately and check on the victim’s condition. If necessary, seek medical help.

º Provide the victim with important information, such as the date of your dog’s last rabies vaccination.

º Cooperate with the animal control official responsible for acquiring information about your dog. If your dog must be quarantined for any length of time, ask whether he may be confined within your home or at your veterinarian’s hospital. Strictly follow quarantine requirements for your dog.

º Seek professional help to prevent your dog from biting again. Consult with your veterinarian, who may refer you to an animal behaviorist or a dog trainer. Your community animal care and control agency or humane society may also offer helpful services.

º If your dog’s dangerous behavior cannot be controlled, do not give him to someone else without carefully evaluating that person’s ability to protect him and prevent him from biting. a Because you know your dog is dangerous, you may be held liable for any damage he does even when he is given to someone else.

º Don’t give your dog to someone who wants a dangerous dog. “Mean” dogs are often forced to live miserable, isolated lives, and become even more likely to attack someone in the future. If you must give up your dog due to dangerous behavior, consult with your veterinarian and with your local animal care and control agency or humane society about your options.