Los Angeles Dog Bite Lawyer

Los Angeles Dog Bite Strict Liability

California Civil Code Section 3342(a) states that the owner of any dog is liable for damages caused by a dog bite. Even if the dog has not shown any aggressive behavior in the past, the owner is still liable. This law imposes strict liability on owners when their dog bites someone, however, there are some exceptions, which include:

• This law only applies to dog bite victims bitten in lawfully public or private places, so trespassers may not be protected by this law
• This law does not appy to military or police dogs performing their duty
• This law is not applicable if the dog was provoked by the victim, resulting in a dog bite

What Happens to Dogs in Los Angeles After They Bite Someone

If a dog bite is severe and frequent enough, typically a government agency will bring action against the owner and determine if the dog’s treatment or confinement needs to change. These actions are usually taken after a dog has bitten a human on two separate occasions. 

In these cases, a hearing will decide what matters are appropriate to prevent more incidents, including having the dog removed from the area or euthanized.

Los Angeles Dog Bite Classifications

The state of California divides dog bite injuries into two categories. These classifications help prove liability and allow for higher settlement amounts if excessive carelessness caused the dog bite injury. These classifications are as follows:

• Potentially dangerous: A potentially dangerous dog is one that has engaged in harmful behavior before and has elicited a defensive action from a person at least twice in the last 36 months. Or if a dog has bitten someone and caused semi-severe injuries. In addition, dogs that have bitten, killed, or injured another domestic animal on two separate occasions are considered potentially dangerous.
  
  

• Vicious: Dogs that have inflicted severe injuries or killed a person in an aggressive manner when unprovoked are considered vicious. If a dog continuously exhibits potentially dangerous behavior, then they can be labeled vicious after a number of offenses.

Los Angeles Dog Bite: “Negligence Per Se”

A person is presumed to have acted carelessly whenever they violate a law and cause injury that a statute was designed to prevent. The “Negligence Per Se” doctrine Section 669, comes into play in dog bite cases when an owner violates a law, such as keeping their dog on a leash, or confined, so they cannot bite another individual. So, if a dog was in violation of a statue, which resulted in you being bitten, then you would have a strong case against the responsible party. The next step would be consulting with Maison Law to collect evidence of carelessness and damage done to your life. 

Proving Los Angeles Dog Bite Liability

In order to recover damages from a dog bite, the victim must prove:

• The dog was owned by the defendant
• The bite took place on public property, or the victim had a lawful right to be on private property when they were bitten
• The victim suffered an injury as a direct result of the dog bite

When a claim is filed for a dog bite incident, evidence is typically how these cases are determined. At Maison Law, we understand that evidence is the foundation on which your dog bite case stands. It provides a factual baseline to establish liability against the dog owner, demonstrate the extent of your injuries, and justify the compensation you are owed.

The evidence we gather for the majority of our injured dog bite victims includes:

• Documentation from animal control
• Police reports
• Eyewitness statements
• Video surveillance of the attack
• Medical records (pre and post-dog bite)
• Copy of the dog owner’s insurance policy
• Prescription drug costs, bank statements, and other out-of-pocket expenses
• Pictures of the wound and where the incident occurred

Comparative Negligence in a Los Angeles Dog Bite Incident

If another person’s dog bit you and caused you injury, you have the right to pursue compensation from them through a lawsuit. Once a lawsuit is filed with the courts and the responsible party is made aware that you’ve taken legal action, it is not uncommon for them to argue that you are partially to blame for your injuries. 

For example, what if you entered your neighbor’s yard while ignoring the “Beware of Dog” sign? Or maybe you try to pet a dog after being warned not to, and you get bitten. How does this affect your case?

In these scenarios, the state of California applies Comparative Negligence Law to your case, which causes your compensation to be reduced by a certain percentage at which you are found at fault. Fault is determined by a judge or jury. So, if you are rewarded $20,000 for your damages, but you are found 25% responsible for your injuries. You will receive $15,000 as your award has been reduced by 25%.

Why Do Dogs Attack?

The temperament of dogs is so varied that it is likely you’ll eventually encounter a vicious dog in your lifetime, especially in Los Angeles, where there is an estimated 5.3 million privately owned dogs, according to Los Angeles Almanac. So, understanding what causes a dog bite may help you avoid being another dog bite statistic. The following are common reasons why dogs bite:

• Dominance and aggression: Moving a dog out of the way or stepping over them could cause a dog to erupt out of nowhere because they believe you have not earned the status to tell them what to do. This is typically found in male dogs who have not been properly trained.
  
  

• Protection of valuables: Some dogs believe the only way to protect valuables is through an aggressive bark, followed by a bite. Valuable to a dog could include food, toys, territory, or a human. Breeds such as German Shepherds and Rottweilers are known to be territorial dogs who can display ferocious behavior over people messing with their belongings.
  
  

• Fear: A fear-aggression response is most often directed toward strangers. Veterinarians will typically muzzle dogs displaying fear because the natural reaction for a fearful dog is to bite.
  
  

• Agitated: These bites are often prompted by children who do not understand a dog has limits. If a dog is continually awoken from sleep, had air blown in their face, or poked and prodded, they may reach a breaking point and bite. 

Reporting Dog Bites in Los Angeles

In Los Angeles, ALL ANIMAL BITES to people must be reported unless the bite is from a rabbit or rodent. Each report must contain the animal’s vaccination status as well as its known location to determine if animal rabies quarantine and human rabies treatment are necessary. To report a dog bite in Los Angeles, you can contactthe Los Angeles County Animal Care and Control Center and fill out their online request form. 

Once a dog bite is reported, an officer from the animal care center will create a bite report and ask you questions about the incident. The owner of the dog will also be contacted to understand the dog’s vaccination status. If the dog’s rabies vaccination is unknown, a 10-day quarantine is mandatory after any dog bite incident until it is discovered that the dog does not have rabies.

Factors That Influence the Settlement Value of a Los Angeles Dog Bite Claim

By law, you have the right to pursue compensation from the responsible party if you were injured in a dog bite incident. So, it is important to know what factors will impact the value of your case if you decide to take legal action. These factors include:

• Liability: the degree to which the defendant is found responsible for the injury can add value to your settlement. The more reckless the defendant’s actions usually result in a higher settlement.
  

• Insurance coverage: the defendant’s insurance policy limits can cap the maximum settlement amount. If the defendant has an insufficient insurance policy, then alternate means of compensation will have to be pursued.
  

• Legal representation: the expertise and negotiation skills of a Personal Injury Attorney will impact the outcome of your case.
  
  
• Contributory negligence: California operates on Comparative Negligence Law, meaning both parties may be assigned a percentage of fault, ultimately lessening the amount you can receive by a specific percentage.
  
  
• Nature and extent of Injury: the cost of all reasonably necessary medical treatment and the estimated cost of future medical treatment are essential to the value of a case.
  
  

• Objective findings for physical pain: pain is a subjective thing, so, objective evidence is needed to support it in a personal injury case. This is usually presented in the form of X-rays and MRIs.
  
  

• Medical history of the victim:  the prior medical history of the plaintiff comes into play if they were injured in the same area where they already have a medical history of issues. Under California law, the negligent party is not responsible for prior injuries unless they were made worse by the incident.
  
  

• Plaintiff’s age: the age of the victim comes into play if the injury may have been a result of “degenerative changes” rather than the careless act, or hazardous condition.
  
  
• The occupation of the victim: the amount the injured victim was making and the amount they can no longer make due to their injuries plays a large role in determining their settlement.

Compensation Available for Los Angeles Dog Bite Victims

Dog bite wounds are unique from other types of accident injuries. Infection is a serious concern when animals bite and an infected wound takes longer to heal and can leave lasting scars. Surgery to correct a disfigurement is another real possibility.

Dog teeth generally puncture the skin and cause tearing in tissue, muscle and can even cause damage to bones. Victims might suffer tendon and nerve damage in a hand or ankle and require specialist surgery to restore full control in a limb. Physical therapy to learn how to use a damaged hand or fingers could also add to the already astronomical medical expenses.

In some of the worst cases, victims suffer a permanent disability from their injury. This can require lifelong financial support for the victim, especially if they are unable to return to work to support their families. This includes compensation for any medical equipment needed over a lifetime and training for a new career.

Victims deserve to be financially supported for as long as they need. That compensation is provided through insurance settlements or court judgments.

These are some of the damages dog bite victims face that factor into the amount of a settlement or award:

• The totals on all hospital and rehabilitation expenses including expected future costs.
• The totals in lost wages while the victim has missed work.
• The amount of emotional distress the victim has experienced including PTSD symptoms and depression.
• Loss of enjoyment of life and the inability to participate in family life.
• Damage or destruction of property.