California Dog Bite Lawyer

For more information, visit our Dog Bites Info Center.

Dog Bites

Each year millions of innocent people are seriously injured by animal attacks and bites in the United States. Many of these injuries result in infection, trauma, nerve damage, scarring and psychological trauma. Most often animal attack claims involve dog bites, but all types of domesticated animals such as ferrets, cats, snakes and even birds can bite or attack people, subjecting their owners or keepers to liability.

Dog Bites

Each year approximately 4.7 million people are bitten by dogs, resulting in an estimated 800,000 injuries which require medical attention. California has a specific dog bite statute. Under this statute, dog owners are liable for damages suffered by anyone bitten by a dog while in a public place or lawfully in a private place. Under this law, an injured victim must prove only that: 1) the defendant owned the dog; 2) the dog bit the victim while the victim was in a public place or lawfully on private property; 3) the victim was harmed; and 4) the dog was a substantial factor in causing the harm. It does not matter whether or not the dog owner had prior knowledge that the dog might bite.

A dog owner may have defenses available to the liability imposed by the statute. The statute requires that the victim must be "lawfully in a private place," thus there is no liability if the victim was trespassing at the time of the incident. There is also an "assumption of risk" defense. For example, when a dog bites a veterinarian during treatment, the dog's owner is not liable for the bite. The courts consider dog bites to be an occupational hazard in the veterinary profession. There is also a defense of provocation. If, for instance, someone mistreats a dog and the dog bites in retaliation, the dog owner is not usually liable, although provocation is generally a question of fact for the jury to decide in each case.

There are important limitations to California's dog bite statute. The law only creates liability for the owner of the dog. In some situations, the person who keeps a dog is not the dog's owner. In order to find liability against the dog keeper, the injured victim would have to prove that the keeper had some knowledge of the dog's dangerous propensities or was in some other way negligent. Similarly, if the injured victim attempts to sue a landlord when the dog is owned by a tenant, the landlord would only be liable if the landlord knew of the dog's dangerous propensities and had sufficient control of the premises to protect against the injuries. Another limitation is the statute's requirement that there be an actual bite for the finding of liability. In instances where there is no bite, however, the injured victim can still prevail by proving that the dog owner or keeper had some knowledge of the dog's dangerous propensities.

Other Animal Attacks

An owner or keeper of other types of animals may be liable for injuries caused by these animals as well. When an injury is caused by an animal other than a dog, the dog bite statute will not apply and the injured victim will have to prove that the owner or keeper had knowledge of the animal's dangerous propensities. Specifically, the victim must prove that: 1) the defendant owned, kept or controlled the animal; 2) the animal had an unusually dangerous nature or tendency; 3) the owner knew or should have known of this nature or tendency; 4) the plaintiff was harmed; and 5) the animal's unusually dangerous nature or tendency was a substantial factor in causing the plaintiff's harm. If the animal owner or keeper did not know of the dangerous propensities of the animal, the owner may still be liable under a negligence theory. In this situation, the acts or omissions of the owner or keeper are the source of liability. For example, negligence liability may arise if the owner or keeper mishandled the animal, ineffectively controlled the animal, violated an animal control law, or engaged in some other unreasonable conduct.

What to Do After an Animal Attack

If you have been bitten or attacked by any kind of animal, you should seek medical attention immediately. Besides lacerations and other injuries typical of dog bites, infection often sets in and physicians will usually require immediate treatment with antibiotics. You should also notify local animal control authorities and file an incident report. If circumstances allow, you should obtain the name and contact information of the animal's owner and any witnesses to the attack. You should also take photos of the scene and your injuries and save any clothing damaged in the attack.

Each dog bite or animal attack is different and requires the analysis of an experienced lawyer. If you have suffered a dog bite, or other animal attack injury, you should contact a well-recognized law firm with expertise in animal injury cases as soon as possible. Our law offices have handled a large number of dog and other animal attack cases and obtained numerous significant results for our clients.

If you desire an immediate consultation on an animal attack case, please contact us at (800) 644-8000 or by email.

For more information, visit our Dog Bites Info Center.