Sacramento Dog Bite Lawyer: Dog Bites Can Be Serious And Costly
The United States is a nation of dog lovers. According to the American Humane Society, 62 percent of all families in the United States own at least one pet. While cats, birds, and fish are popular choices, the most common household pet is the dog. About 47 percent of all homes have at least one dog.
Californians enjoy walking their dogs through parks and on the sidewalks, as well as playing with them in their homes and yards. From giant Mastiffs to tiny Chihuahuas, dog owners all have their favorites and defend their breed’s superiority among all others, sometimes vocally!
Dogs have been called “man’s best friend.” There is no doubt that the vast majority of dogs are gentle, loving, and loyal pets who bring a great deal of joy into our lives. However, like any other animal, dogs sometimes have a limited understanding of the things they see and hear around them, and when they feel threatened they may turn aggressive. These defensive instincts may kick in for reasons that are not completely understood. What is clear is that any dog, no matter how gentle, has the capability of biting a human being if the situation is right. The fact that many dogs go to their graves without ever biting a human being in no way lessens the impact of the fact that all dogs are capable of biting or harming people.
Sacramento Dog Owner’s Duty Under California Law – Dog Bite Lawyer
Unlike some states, California does not offer a “one bite” exemption from liability for dog owners. Some states assume that if a dog has never bitten before, the first bite is unexpected and the owner should not be held liable. This means that, in those states, even if you are bitten and severely injured or killed by a dog, the owner would not be held liable.
California takes the opposite approach. In Sacramento, dog owners are responsible for their pets from the moment they take ownership of the animal. Any bad behavior on the part of the dog is grounds for liability and may cause the owner to be sued. This is known as a “strict liability” interpretation and comes from California Civil Code § 3342, dog bite law, which states that an owner is to be held responsible for any damage caused by a dog on his or her own property or in public unless the victim enters the property illegally. This means that a burglar who is bitten by a dog may not have the right to sue the homeowner, but a person collecting for a charity that comes into the yard and is injured by a dog bite may be entitled to damages. Veterinarians, trainers, and others who work with dogs are also exempt from the statute and often may not pursue a dog bite case on the owner in the event of a dog bite injury.
Under California’s dog bite statute, victims in Sacramento have two years from the date of the incident to file a personal injury claim. If a victim of a dog bite does not file a claim within this window, he or she relinquishes his or her right to pursue compensation for medical bills and other damages.
It is very important to get in touch with an experienced Sacramento dog bite attorney as soon as you can after a dog bite and pursue all the remedies that may be available to you.
Dog Bite FAQ’s
Q. How Serious Are Dog Bites?
Ans: Dog bites are both a serious national problem and an event that can be physically and mentally scarring for victims who’ve been severely bitten. Every year 4.7 million people are bitten by dogs. About one in five, 800,000 people, seek medical treatment, including 386,000 people who visit hospital emergency rooms. In 2012, dogs killed 38 people. If you’ve heard the old saying that dogs have cleaner mouths than humans, don’t believe it.
Canine mouths are swarming with bacteria and viruses that can cause a multitude of serious and even fatal infections in the person bitten. Dogs can bite down with a pressure as high as 450 pounds per square inch – enough to fracture bones and the human skull – and the deeper the teeth chew through skin, flesh, tendon and bone, the higher the chance of developing a bacterial or viral infection.The most serious of these infections is rabies, a virus that infects the brain and nervous system and eventually causes death.
Thanks to vaccination and public education programs, cases of rabies have been virtually eliminated in the United States, down to one or two cases per year, which usually come from rabid bat bites. Nevertheless, for safety purposes, your treating physician may recommend you undergo a series of rabies shots if you can’t identify and test the dog that bit you. The good news is the treatment today is a lot less painful than in the past.
Another one of the more serious infections that can develop after a dog bite is Tetanus, which can lead to a tightening of the muscle fibers, especially around the face, known as lockjaw. That’s a good reason to have a Tetanus shot every five years, but if yours is overdue, you will need to get a booster.
Other infections caused by dog bites are less severe only because they aren’t usually fatal. Bites on the extremities, especially the hands, are more prone to infection because of the way our immune system works. When wounds get infected, they may not heal properly, a particularly distressing prospect for those who’ve been bitten in the face. If the bite or bites go deep enough, infection can spread throughout the body, even to the brain.
Scarring related to dog bites is one of the most common injuries sustained by victims of dog bites and attacks. A bite can consist of anything from a puncture wound to sizable laceration involving skin and underlying tissue. Deep wounds may require many stitches or surgery to close and repair and may result in permanent scarring.
A horrifying example of just how much damage dogs can do occurred in the greater Sacramento area in Rancho Cordova in 2012. Two unleashed pit bulls savagely mauled one man and severely bit another who tried to help ward of the attack. The man who was mauled was taken to UC Davis Medical Center in critical condition with severe bites to face, stomach, back, arms and legs. Fortunately, he survived.
No matter how “minor” the dog bite, you should always seek immediate medical treatment.
Q. Who is Liable After a Sacramento Dog Attack?
Ans: If someone legally enters the property of another person and is bitten by that person’s dog, or if an owner’s dog escapes and attacks a person off the owner’s property, that owner is liable for any damages. Owners are not liable if the dog is simply protecting its home and owner or if the dog is being used in a policing capacity.
The law also provides for the destruction of a dog if the animal has bitten twice or if the dog has been trained to fight and seriously injures a person. Section 3342.5 gives the prosecuting attorney of the city or county the authority to bring an action against the owner for this type of remedy, and tasks the local government with the responsibility of carrying out these actions.
Finally, there are some cities in California that have enacted breed-specific legislation against certain breeds. Under these laws the ownership of certain breeds (usually pit bulls) is completely banned.
Overall, the dog bite law in California boils down to two important facts: first, owners are responsible for their animals; second, there is no “one-bite” rule on liability as there is in some states. In California, the first time a dog bites, the owner is liable for the damages.
Q. How Can I Recover Dog Bite Damages in Sacramento?
Ans: Owners may find themselves liable for medical bills incurred by dog bite victims, as well as payments for ongoing expenses such as increased living costs. They may also have to pay for psychological counseling to help victims recover from emotional trauma, as well as general pain and suffering. Finally, California has laws in place that may also subject owners to jail time or monetary fines, if they were found criminally negligent in allowing their dog to attack.
Q. Should I Hire a Sacramento Personal Injury Attorney After a Dog Bite?
Ans: For an answer to this question, please view the video below.
Q. Why do Dogs Attack Children?
Ans: It’s no coincidence that half of all victims who get bitten in the face are children. Children are roughly the same height as dogs and their erratic, excitable movements can lead a dog to believe the child is either prey or a threat. The best way to prevent your child from being bitten is to teach him or her the rules for behaving around dogs and other pets. In the Dog Bite Resources section, we’ve included several links that will provide you with the information you and your family need to help prevent dog bites.
Q. What Breeds of Dogs Are The Most Dangerous?
Ans: In 2000, the Center for Disease Control and the Humane Society of the United States released a report that tracked dog bite fatalities over a 20-year period, from 1979-1998.
The report ranked the number of fatalities caused by purebreds, crossbreeds, and mixed-breeds to come up with this list of the ten top deadliest dogs.
- Pitbull-type dogs
- Rottweilers
- German Shepherds
- Husky-type dogs, including Siberian Huskies
- Malamutes
- Wolf-dog hybrids
- Mixed-breed dogs
- Chow Chows
- Dobermans
- Saint Bernards
Q. Are There Any Special Laws For Children Who Have Been Bitten?
Ans: Yes, when a minor is bitten, you have until two years after the minor’s 18th birthday to file a lawsuit. Also, in California, children under the age of 5 are considered “faultless” in dog bite accidents. If your child has been attacked and hurt by a dog, our best advice would be to consult with an experienced dog bite lawyer. Although for minor children, the two-year statute of limitations to file a claim is tolled until the minor child reaches his or her 18th birthday, is it important that you take action soon after an incident, so that all evidence and documents are preserved.
Q. What Kind of Insurance Covers Dog Bites?
Ans: Homeowner’s and renter’s insurance policies generally cover the holder of the policy if their dog bites someone. That means the insurance company pays the victim’s medical bills and other damages instead of the dog owner bearing the cost alone. If you’re a dog owner, it’s important to check your policy regularly. In recent years, insurance companies have been excluding certain breeds, especially pit-bull types, from coverage. If the dog owner has no insurance, he or she is still held financially responsible for the attack.
Q. Where Can I Get More Information on Filing a Claim After a Dog Bite and What Types of Damages I Can Sue For?
Ans: For more information, please visit our General FAQs section or contact one of our Sacramento dog bite injury lawyers for a free consultation.
Q. Are There Any Resources You Would Recommend for Dog Bite Victims?
Ans: The CDC is an excellent resource for dog owners and dog bite victims alike.
http://www.cdc.gov/features/dog-bite-prevention/
Louisiana State University’s quick primer on medical issues presented by dog bites:
http://www.vetmed.lsu.edu/animal_bites.htm
