Man’s best friend is not always so friendly.
According to an article on the CBS News website dog bite claims in 2011 cost insurance companies approximately half a billion dollars. The Center for Disease Control and Prevention reports that approximately 4.7 million people are bitten by dogs every year.
Dog Bites and Attacks – The Statistics
Dogsbite.org states that breeds such as pit bulls, rottweilers, presa canarios, cane corsos, mastiffs, dogo argentinos, fila brasieros, and their mixes account for the majority of dog bites. The statistics associated with dog bites and attacks for these breeds are sobering.
- 79% of attacks induce bodily harm
- 72% of attacks to children
- 85% of attack to adults
- 69% of attacks result in fatalities
- 77% result in maiming
Dog Bites and Attacks
(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).
It should be noted that some municipalities have enacted their own laws of strict liability. Here is an example from the Beverly Hills Municipal Code:
A. Any person owning, controlling, or having care or custody of any animal shall be liable for any injury caused by such animal, and for any damage caused to any public property, or to any private property.
B. Any person owning, controlling or having care or custody of any animal shall take such reasonable and necessary precautions as required to protect all persons from physical harm from such animal, and to protect the private property of any other person.
Note the advantages of proceeding under a law like the above quoted code section:
- It is not restricted to just the owner of the dog
- It applies to any injury, not just dog bites
- It applies to property damage as well as personal injuries.
If you or a loved one is bitten by a dog, we urge you to seek medical attention, report the incident to Animal Control and Law Enforcement, document any injuries with photographs, and ultimately seek legal representation with a skilled and aggressive injury attorney.
The initial wound may not appear to be especially significant, but in time infections or other secondary injuries can occur. By the same token, sometimes dog attacks are particularly vicious, causing disfigurement, disabilities, amputation or in some cases, death. Dog owners are legally responsible for their dog’s behavior. You may be entitled to significant financial compensation according to existing laws.
Dog Attack cases are taken on a contingency fee basis. When we accept your case, you pay no fees or costs unless we recover damages for you. Bottom line: If YOU don’t get paid, we don’t either. For those who may be struggling with injuries or handicaps, we are glad to arrange meeting you at the hospital or your home; whichever is most convenient for you.
