 Should
I report the attack? If so, where?
Yes. Dog bites should be reported as soon as
medical attention is supplied. Report this to your local
animal control and/or the police department. Keep a note of
the date of the report and the name of the person that you spoke
with.
What if it
happened in the dog owner's yard?
A dog owner has an obligation to restrain
his or her animal for public safety. As long as you are on
private property legally (or you are on public property) the dog
owner may be held responsible.
What are my
priorities if attacked by a dog?
-
Seek medical
attention.
-
Report the dog
bite or attack to the proper authorities.
-
Photograph the
wounded area.
-
Write down names
and contact info for any witnesses
Why the photographs?
You may decide that you
will not pursue a claim, making photographs unnecessary. This
is a much better course than missing this chance for documentation
of the effects of the dog bite.
Should I make a
claim on my homeowner's insurance company?
It is not in your
best interest to make a statement to any insurance representative
without calling your attorney first. Statements made to an insurance
company agent or representative may prejudice your case if you
should later decide to pursue a claim.
Do you mean that California actually has laws specifically for dog
bites?
Yes. Many instances
are covered under the personal injury laws of California, but there
are also specific references in the California Civil Code that refer
directly to dog bites, referred to as strict liability.
Dog Bite Statistics include:
1.
Incidence of dog bit injuries treated in emergency departments.
Journal
of the American Medical Association 1998 Jan; 279(1): 51-53.
http://www.biomed.lib.umn.edu/hmed/980107_dog.html
2. Preliminary Statistics Number entered: 570 Distribution:
Countries
http://mastiff.org/exhibit-hall/health/mhstats.mv
3.
Dog
Bite Statistics
FROM CALIFORNIA
CIVIL CODE:
Liability of Dog Owner for Damages
Suffered From Dog Bite
3342.
(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).
Duty of Owner of Biting Dog; Court
Action Against Owner.
3342.5.
(a) The owner of any dog that has bitten a
human being shall have the duty to take such reasonable steps as are
necessary to remove any danger presented to other persons from bites
by the animal. (b) Whenever a dog has bitten
a human being on at least two separate occasions, any person, the
district attorney, or city attorney may bring an action against the
owner of the animal to determine whether conditions of the treatment
or confinement of the dog or other
circumstances existing at the time of the bites
have been changed so as to remove the danger to other persons
presented by the animal. This action shall be brought in the county
where a bite occurred. The court, after hearing, may make any order
it deems appropriate to prevent the recurrence of such an incident,
including, but not limited to, the removal of the animal from the
area or its destruction if necessary. (c) Whenever a dog
trained to fight, attack, or kill has bitten a human being, causing
substantial physical injury, any person, including the district
attorney, or city attorney may bring an action against the owner of
the animal to determine whether conditions of the treatment or
confinement of the dog or other
circumstances existing at the time of the bites
have been changed so as to remove the danger to other persons
presented by the animal. This action shall be brought in the county
where a bite occurred. The court, after hearing, may make any order
it deems appropriate to prevent the recurrence of such an incident,
including, but not limited to, the removal of the animal from the
area or its destruction if necessary. (d) Nothing in this section
shall authorize the bringing of an action pursuant to subdivision
(b) based on a bite or bites inflicted upon
a trespasser, or by a dog used in military
or police work if the bite or bites occurred
while the dog was actually performing in
that capacity. (e) Nothing in this section shall be construed to
prevent legislation in the field of dog
control by any city, county, or city and county. (f) Nothing in this
section shall be construed to affect the liability of the owner of a
dog under Section 3342 or any other
provision of the law. (g) A proceeding under this section is a
limited civil case.
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