Dog Bite Accidents

In accordance with California law, parties who have been attacked by a dog are frequently entitled to compensatory damages for their injuries at the expense of liable party’s insurance. Compensatory damages may encompass the following:

• All relevant medical expenses accrued from medical treatments for the attack including the initial emergency room & hospital visits as well as rehabilitation, and cosmetic surgery expenses
• Vocational or physical therapy for rehabilitation post-attack
• Expenses of psychological and psychiatric counselling including therapeutic services provided for emotional distress, emotional trauma, Post-Traumatic Stress Disorder (PTSD) and cynophobia, the fear of dogs, prompted and onset by the attack
• Lost wages and earning capacity related to injuries incurred
• Pain and suffering incurred as a result of the attack
• Disfigurement, injury, and scarring resulting from dog-bite related contusions or punctures wounds
• Loss of limb use resulting broken bones, fractures or amputations pertaining to the dog bite attack

If the dog bite attack concludes in a fatality or mortal death, families of the victim may be eligible to receive damages for loss of consortium or recover compensatory damages for wrongful death

Dog bites are classified according to six varying grades. This gradation is consistent with the Dunbar Bite Scale:

• Level 1: Aggressive growling or lunging but lacking skin contact
• Level 2: Teeth make contact with skin but do not puncture; minor surface abrasions
• Level 3: Single bite with shallow wounds; bruising but no tearing
• Level 4: Single bite with deep puncture wounds; considerable bruising
• Level 5: Multiple bites with deep puncture wounds, laceration; repeated attack resulting in extreme injury
• Level 6: Any bite or mauling resulting in the death of the victim and or flesh consumption

Dog bite victims may be eligible to receive payout and damages regardless of the level of dog bite

California law allows victims to recover punitive damages in pertinent dog bite cases. Punitive damages are leveraged for the purpose of punishing defendants who are engaged in principally wrongful and bad behavior. In order to recover punitive damages, in the context of a dog bite case, the plaintiff must prove by present explicitly and convincing evidence, that a defendants actions rose to the level of "oppression, fraud or malice."

Malice is defined by the defendant’s intent. If the defendants acted with willful and conscious disregard for the rights and safety of others than the defendant’s actions may be characterized as malicious.

In California, only a handful of dog bite cases have gone to overseeing appellate courts, which normally establish the legal precedent for lower courts. Currently, nothing precludes existing law from allotting punitive compensatory damages in the case of dog bite incidents.

Furthermore, if the dog bite victim is a minor under the age of 18, the victim may be eligible for a Minor’s Compromise in accordance with California legislation.

The legal consequences surrounding a case in which a person is attacked but not necessarily bitten by a dog are dependent on the plaintiff’s ability to show a clear case of dog owner negligence.

This would entail providing proof that:

• The owner should have had previous knowledge of the dog’s history of aggressive behavior
• The in spite of this knowledge, the dog owner did pursue the appropriate course of action to prevent undue harm to others

However, per California’s legislation on "negligence per se," if the dog owner is found to have violated local or state statute intended to protect and uphold public health or safety outcomes, the dog owner will automatically be held liable and deemed at fault for his or her negligent conduct.

According to California legislation, there a several exceptional instances in which dog bite victims are unable to sue or recover compensatory damages including the following:

• The dog bite victim was trespassing on private property, as in the case of the responsible dog owner’s property, at the time of the attack.
• The victim harassed or incited the canine into attacking.
• In accordance with California’s self-defense law, the dog was protecting its another or another party at the time of the attack.
• The dog was classified as a police or military canine, being utilized appropriately in line with each respective agency’s procedures and policies.

In California, injured dog bite victims who do not have access to health insurance are eligible to ascertain a doctor will to work on the basis of a medical lien.

We partner with multiple doctors who are prepared to offer medical attention and services to dog bite victims contingent upon a California medical lien foundation.

If you have already identified a doctor willing work to work for a medical lien, we will negotiate a legal agreement on your behalf so that you are not liable for costly medical bills, in the case that the owner of the aggressive dog is lacking sufficient assets or insurance coverage.

Unlike some states which enforce “one-bite” legislation, California does not adhere to this premise. This rule enables dogs with the opportunity to get one bite as an indication of its dangerous nature. The one bite puts the dog owner on notice of the danger the dog presents to society. In other words, states with one bite legislation do no automatically hold dog owners liable for the first time their dog attack or bite other parties.

As California does not adhere to one-bite legislation, the state imposes strict liability in dog bite cases freeing the plaintiff of the burden of having to prove the dog’s history of aggression or dangerous behavior, or a history of dog owner negligence.

In the case of previous dog bites, California also mandates extra duty of care upon the dog owner to ensure that the aggressive dog does not replicate biting behavior or incite future attacks.

It is important to note, however, that In the case of cat bites, California law does enforce conventional one bite legislation.

A police report is not required for the filing of a lawsuit but proceeding with one may facilitate the ease of securing punitive damages. Punitive damages may be more easily secured if an animal control officer has investigated the attack and made the determination that the dog is indeed aggressive or dangerous to humans.

A formal investigation would also signal the owner to take the necessary steps to prevent a future canine attack and subsequently guarantee the safety others who may encounter the dog.

California law mandates that both dog owners and dog bite victims report any dog bite or canine attacks to local health authorities. Doctors treating dog bite victims are also required to report canine attacks. This legislation is not a guarantee of prosecutorial action against the dog owner under California criminal law; instead the law is intended to monitor the spread of rabies virus, to ensure that the biting dog is not infected.

California legislation pertaining to animal quarantine regulations does stipulate that animals who have attacked or bitten someone to be quarantined for a period of ten consecutive days. It is during this period of quarantine, that the county will make the determination the attacking dog is not infected with rabies virus.

During the period of quarantine, the dog or animal is permitted to remain on premises with its owner. If the dog is not quarantined with its owner then it will be in the custody of the local Animal Care Center. Assuming the animal maintains its health condition and does not demonstrate evidence of rabies infection, then it will be returned to its original owner’s possession and care.

Conventionally, dog who attack or bite people are not euthanized. However, there are circumstance in which California law may permit dog euthanasia. The circumstances include:

• An animal who has a repeated history of aggression towards humans including at least two separate incidents involving biting or attacking a human
• In accordance with California’s self-defense law, the dog was protecting its another or another party at the time of the attack.
• An animal that is specifically trained to cause serious bodily harm to someone and encouraged to fight, attack, and kill

Dogs who demonstrate a history of aggressive behavior and unprompted, vicious attacks towards human causing serious bodily harm may be removed from their owners and ultimately euthanized following a court hearing or review.

Seeking euthanasia for a dog with a history of biting humans and exhibiting aggressive dangerous behaviors can be sought out by any concerned party, without restriction including a victim, a dog bite incident witness, or a local government official.

Oftentimes, homeowners and renters insurance offer substantial coverage for dog bite injuries as a component of personal injury claims. The conventional coverage can range anywhere from a lump sum amount of $100,000 to $300,000.

Insurance claim sources identify dog bites as some of the most commonly claimed liabilities on both renters and homeowners’ insurance policies. Some insurance companies, however, are known to exclude or exempt liability coverage for dogs originating from specific breeds.

When shopping for new insurance policies, it is critical for both renters and homeowners to inquire about insurance dog breed restrictions, as dog bite claim payouts can average almost $40,000 per incident.

Dog breeds that are conventionally subject to insurance breed restrictions include the following:

• Alaskan Malamutes
• Akitas
• Siberian Huskies
• Wolf hybrids
• Rottweilers
• Staffordshire terriers
• Pit bulls
• Dobermans
• German Shepherds
• Chows

Insurance companies may restrict coverage for larger breeds or breeds known to have a reputation for aggression or dangerous behavior, as they pose a higher risk for injury.

California allows for a two year statute of limitations provisioning a period of two years to sue for a dog bite attack. The two year time line initiates corresponding to the date of the dog bite attack.

If a dog bite victim does not pursue or file a lawsuit within the two year statute of limitations timeline, then he or she may not be eligible to recover compensatory damages. This time frame limitation also applies to dog bite victims who discover the identity of the responsible dog owner at a later date, beyond the two year statute.

To secure the best potential outcome, it is optimal to file a lawsuit in response to a dog bit incident as soon as possible.

While you are eligible to sue if another owner’s dog attacks or bites your dog, this suit would not be covered under the California dog bite statute or legislation. Civil Code 3342 offers legal protection for animal bite injuries to people. It does not, however, render dog owners eligible to sue other dog owners in the case of a dog on dog attack.

California law considers dogs and other animals to be the personal property of their owners. A dog bite injury to another dog is consistent with the legal definition of property damage.

The measure of damages that are eligible for recovery in a property damage lawsuit entails the lesser of two of the following:

• The equivalent decrease in the property’s market value
• The costs to repair the incurred property damages, to not exceed the property’s existing market value

In recent years, the “decrease in the property’s market value,” has been acknowledged as a poor measure of property damage in the case of dog on dog bite incidents. Subsequently, plaintiffs may be eligible recover the costs utilized to repair the property damage, which in the case of dog attacks, would likely entail recovering the costs of veterinarian bills. There is still a determining question of whether these costs of repair will be deemed legally reasonable.

A dog owner may also be entitled to receive compensation if the other dog owner has been convicted of animal cruelty charges; restitution may be awarded to the dog owner whose dog has been bitten or attacked as a component of the other owner’s sentencing for the animal cruelty conviction.

It is important to note, however, that restitution for property damages may be exclusively limited to the costs incurred in the process of replacing or repairing the damaged property.

In a dog bites dog case, victims may also be eligible for punitive damages, although this is a rare scenario. California legislation permits the recovery of punitive damages in cases of purposeful malice. So in the case of a dog on dog attack, the owner would have had to purposefully and maliciously command his or her dog to attack the other owner’s dog.

Criminal charges are decided at the discretion of the District Attorney’s office. The California District Attorney has the authority to bring criminal charges against dog owners whose dogs have attacked or bitten human victims.

Potential charges related to dog bite attacks that could be brought against a dog owner include, but are not limited, to the following array:

• Dogfighting; Penal Code 597 PC
• Animal cruelty or abuse; Penal Code 597 PC
• Failure to demonstrate control of an aggressive or dangerous animal; Penal Code 399 PC
• Inciting a public nuisance; Penal Code 372 PC
• Leaving an animal in an unattended vehicle; Penal Code 597.7 PC
• Unlawful tethering; Health & Safety Code 122355 HS

Additional information regarding various criminal charges associated with dog bite incidents may be discussed further via consultation with our team of legal experts.

Common defenses to animal or dog bite lawsuits can differ in range and scope. The leveraged defense is dependent on a variety of factors pertaining to the incident. Typical defenses utilized include the following:

• The plaintiff did not sustain bodily harm or injury
• The defendant was the not liable or responsible for the dog because he or she was not the handler or owner of the animal
• The defendant leveraged reasonable care and attentiveness in attempt to restrain the aggressive dog
• The animal was purposefully provoked or incited by a plaintiff or other third party
• The plaintiff’s sustained injuries were not related to or caused by the dog attack
• The plaintiff willingly assumed the risk of a dog bite under the California’s "assumption of risk" law and legislation. This statute is also commonly known as the "Veterinarian’s Rule," which states that an individual who works closely with dogs, such as a groomer or veterinarian, voluntarily assumes the risk of a dog bite. This statute, however, does not apply in cases in which the dog owner or handler should have known that the dog posed a bite risk, and failed to notify the veterinary worker of the dog’s predisposition to aggressive or dangerous behavior.

It is important to note that a defense characterizing the victim as a strong, able-bodied adult, is not a substantiated defense. Both young children, and adults of all ages are eligible to receive dog bite damages, despite the circumstances of their age, vulnerabilities, or general physical condition.

In the realm of the dog bite cases, Amerberg Law Group operates according to a contingency fee. Our payment is contingent upon us winning your case; this allows us to minimize our clients’ risk in the pursuit of the dog bite lawsuit.

We will strive to negotiate an out-of-court settlement as swiftly and seamlessly as possible. If necessary, however, we are ready to take the case to trial in pursuit of the maximum jury verdict as well as in pursuit of recovering the monetary compensation you are entitled to as a result of the incident.