Phillips Personal Injury, Local Nevada City Dog Bite Lawyer
It’s not uncommon for people to hesitate before deciding to call an injury lawyer after being bitten by a dog. Maybe they don’t know if their injuries are serious enough, or maybe worries about their relationship with the animal owner who happens to be a neighbor. But speaking to a dog bite attorney can help you evaluate your options and understand your rights. Since every case has unique facts and circumstances, we’d be glad to discuss the specific details of your dog bite case and any specific questions you have. We invite you to give us a call at 530-265-0186 for a no charge consultation.
Overview of the Dog Bite Problem in California
California has one of the highest rates of dog ownership in the United States, which unfortunately also leads to a significant number of dog bite incidents each year. Understanding the dog bite problem in California requires looking at various aspects, including the legal framework, statistics, common breeds involved, prevention measures, and liability issues.
Legal Framework: California has strict liability laws regarding dog bites, known as the "strict liability statute" under Civil Code Section 3342. This statute holds dog owners liable for damages if their dog bites someone, regardless of the dog's past behavior or the owner's knowledge of its aggressiveness. This means that the owner is responsible for compensating the victim for medical expenses, lost wages, pain, and suffering, regardless of fault.
Statistics: According to the California Department of Public Health, there are tens of thousands of dog bite incidents reported in the state each year. Children are particularly vulnerable, accounting for a significant portion of dog bite victims. Additionally, certain breeds, such as pit bulls, Rottweilers, and German Shepherds, are statistically more likely to be involved in serious dog bite incidents.
Common Breeds Involved: While any dog has the potential to bite, certain breeds are often associated with more severe bites due to their size, strength, and tendencies. Breeds such as pit bulls, Doberman Pinschers, German Shepherds, and Rottweilers are frequently mentioned in dog bite reports and studies. However, it's important to note that individual temperament and training play a significant role in a dog's behavior.
Prevention Measures: To address the dog bite problem, California encourages responsible pet ownership and emphasizes the importance of proper training, socialization, and supervision of dogs. Licensing and vaccination requirements also contribute to public safety by ensuring that dogs are up to date on vaccinations and registered with local authorities.
Liability Issues: When a dog bite occurs, liability typically falls on the owner of the dog. However, there are exceptions, such as cases where the victim provoked the dog or was trespassing on private property. Additionally, landlords or property owners may be held liable if they were aware of a dangerous dog on their premises and failed to take reasonable steps to address the risk.
Education and Awareness: Public education campaigns play a crucial role in raising awareness about dog bite prevention, responsible pet ownership, and understanding canine behavior. Schools, community organizations, and animal control agencies often collaborate to provide resources, training, and information to promote safer interactions between people and dogs.
Conclusion: The dog bite problem in California is a multifaceted issue that requires a combination of legal, educational, and preventive measures. While strict liability laws hold dog owners accountable for bites, promoting responsible pet ownership, proper training, and public awareness can help reduce the number of dog bite incidents and protect both people and animals. Collaborative efforts between government agencies, animal advocates, and the community are essential in addressing this issue effectively.
Why You Need a Local Nevada City Dog Bite Lawyer
Dog bite attorney Michael Phillips and the legal team at the Phillips Law Offices are committed to helping Northern Californians injured by dangerous dogs. Our committed advocacy on behalf of clients to obtain full and fair compensation have helped our clients move forward after serious injuries.
Lets be real, insurance companies are not on your side. The less money they hand you, the more money they make. If an adjuster betrays your trust, if they shortchange you, if they rub salt in your wounds, they don't get reprimanded. They get rewarded.
No matter what the commercials say, and no matter how endearing the adjuster on the phone may appear, it is their job to shortchange you. I've never met an adjuster or insurance defense lawyer who wears a white apron and a name tag. There is no such device as a "name your price tool." Their real tools are weapons: databases, delay tactics, lies & confusion.
At the Phillips Law Offices we’re on your side and we treat our clients like family, not claim numbers. We are experienced and knowledgeable in fighting for our clients injured in dog attacks. Right from the start we will review the details of your injuries from a dog attack and discuss your legal options free of charge. When you retain us, we will put our attorneys, investigators and medical experts to work to understand how the dog attack occurred and the full extent of your injuries. We will submit a dog injury claim to the dog owner’s homeowner’s insurer or commercial insurer and negotiate for maximum compensation for your injuries, for full and fair compensation.
At the Phillips Law Offices, we handle your dog bite claim on a contingent fee basis. That means there is no upfront cost to you unless we win your case by settlement or jury verdict. We are aggressive and proactive, preparing each case as if it were going to trial. This gives us the best opportunity to obtain full and fair compensation. The law is clear: if you have sustained a serious dog bite injury from a dangerous dog, you may have legal options to seek compensation. Call us today at 530-265-0186 to learn how we may help you and your family.
We are proud of our law firm’s record of seeking justice for Californians who have been injured through no fault of their own. Our dog bite injury attorneys at the Phillips Law Offices represent clients in the Sierra Foothills, greater Sacramento area and throughout Northern California.
Liability Based on the Dog Bite Statute in California
In California, the liability for dog bites is primarily governed by the state's strict liability statute, which is found in Civil Code Section 3342. This statute holds dog owners responsible for injuries caused by their dogs biting someone, regardless of the dog's past behavior or the owner's knowledge of its aggressiveness. Understanding the liability based on the dog bite statute in California is crucial for both dog owners and victims of dog bites.
Key Elements of the Dog Bite Statute:
Ownership: The statute applies to dog owners, meaning individuals who own, possess, or have control over the dog. This includes both the actual owner of the dog and anyone who harbors or keeps the dog on their property.
Public and Private Property: The statute applies to dog bites that occur on both public and private property. This means that if a dog bites someone while they are lawfully on public property (e.g., sidewalks, parks) or private property (e.g., the owner's home, a friend's yard), the dog owner can be held liable.
Strict Liability: California's dog bite statute is based on strict liability, which means that the dog owner is liable for damages caused by a dog bite regardless of fault or negligence. Unlike some other states that follow a "one-bite rule" requiring proof that the dog had a history of aggression or biting, California imposes strict liability from the first bite.
Scope of Damages: Victims of dog bites can seek compensation for various damages, including medical expenses (such as hospital bills, surgeries, medications), lost income (if the injury results in missed work or disability), pain and suffering, emotional distress, scarring or disfigurement, and any other economic and non-economic losses resulting from the dog bite.
Defenses and Exceptions: While California's dog bite statute imposes strict liability on dog owners, there are certain defenses and exceptions that may apply in specific situations:
Trespassing: If the victim was unlawfully trespassing on the dog owner's property at the time of the dog bite, the owner may have a defense against liability. However, this defense may not apply to young children or others who are not capable of understanding trespassing laws.
Provocation: If the victim provoked the dog or engaged in behavior that incited the dog to bite, the owner may argue that the victim's actions contributed to the incident. However, this defense is typically not applicable if the dog's response was disproportionate to the provocation.
Working Dogs: Dogs that are engaged in lawful activities such as police work, military service, or herding livestock may have certain legal protections if their actions result in a bite during the course of their duties.
Landlord Liability for Dog Bites Inflicted by Tenant’s Dog in California
In California, landlords can potentially be held liable for dog bites inflicted by a tenant's dog under certain circumstances. Landlord liability for dog bites involving tenant-owned dogs is generally governed by premises liability laws and the landlord's level of control or knowledge regarding the dangerous condition posed by the dog.
Key Factors in Landlord Liability for Tenant-Owned Dogs:
Knowledge of Dangerous Dog: If the landlord has actual knowledge of a tenant's dog's aggressive tendencies or dangerous propensities, such as a history of attacks or complaints from neighbors, and fails to take reasonable steps to address the risk, they may be held liable for injuries caused by the dog.
Ability to Control: Landlord liability may also depend on the degree of control the landlord has over the premises and the tenant's use of the property. If the landlord retains control over common areas where the dog is allowed, such as hallways, parking lots, or shared yards, they may have a duty to address known risks related to tenant-owned dogs.
Lease Agreements: The terms of the lease agreement between the landlord and tenant can also impact liability. If the lease includes provisions regarding pet ownership, dog breeds, or pet behavior, the landlord's responsibilities and potential liability may be outlined in the agreement.
Notice and Remedial Action: Landlords who receive complaints or notices about a tenant's dangerous dog may have a duty to investigate, take corrective action, or enforce lease provisions related to pet ownership. Failure to address known risks could contribute to liability if a dog bite occurs.
Defenses for Landlords:
Landlords may defend against liability for dog bites inflicted by tenant-owned dogs by demonstrating:
Lack of knowledge or awareness of the dog's dangerous propensities.
Compliance with lease agreements or policies regarding pet ownership.
Prompt and appropriate action upon receiving complaints or notice of a dangerous dog.
Legal Considerations:
Evidence: Establishing landlord liability requires evidence of the landlord's knowledge, control, and actions regarding the tenant's dog. This may include correspondence, complaints, lease agreements, and witness testimony.
Comparative Fault: California's comparative fault system may also apply in landlord liability cases, where the victim's actions or the tenant's negligence contributed to the dog bite incident.
Consultation with Legal Counsel: Both landlords and victims of dog bites involving tenant-owned dogs should seek guidance from experienced legal counsel to understand their rights, obligations, and potential liability under California law.
In summary, landlord liability for dog bites inflicted by tenant-owned dogs in California hinges on factors such as the landlord's knowledge, control, and actions regarding the dangerous dog. Understanding these legal principles and seeking appropriate legal advice is essential for both landlords and victims seeking to address liability and pursue compensation for injuries caused by dog bites on rental properties.
Liability for Dog Attack Based on the Common Law Doctrine of Scienter in California
In California, liability for a dog attack can also be established under the common law doctrine of scienter, which focuses on the owner's knowledge of the dog's dangerous propensities. Unlike the strict liability statute for dog bites, scienter requires proof that the owner knew or should have known about the dog's aggressive tendencies or past behavior indicating a propensity to bite or attack. California has long followed the common law rule of strict liability for harm done by a domestic animal with known vicious or dangerous propensities abnormal to its class.” (Drake v. Dean (1993) 15 Cal.App.4th 915, 921.
Key Elements of Scienter in California:
Knowledge of Dangerous Propensities: To establish liability under scienter, the victim must demonstrate that the dog owner knew or had reason to know that their dog had dangerous propensities, such as a history of aggressive behavior, previous attacks, or a known tendency to act aggressively towards people or animals.
Notice Requirement: The owner's knowledge of the dog's dangerous propensities must have existed before the dog attack occurred. This means that if the owner was unaware of the dog's aggressive tendencies or had not received any prior complaints or warnings about the dog's behavior, scienter may not apply.
Foreseeability: Scienter also considers whether the dog owner could reasonably foresee that the dog's behavior would lead to an attack or injury. If the owner ignored warning signs or failed to take appropriate precautions despite knowing the dog's aggressive tendencies, they may be held liable under scienter.
Comparing Strict Liability and Scienter:
Strict Liability: Under California's strict liability statute for dog bites, the owner is liable for damages regardless of the dog's past behavior or the owner's knowledge. This applies specifically to dog bites that occur on public or private property where the victim is lawfully present.
Scienter: Scienter focuses on the owner's knowledge and foreseeability of the dog's aggressive tendencies. It applies not only to dog bites but also to other types of dog-related injuries or attacks where the owner's prior knowledge of the dog's dangerous propensities is a key factor.
Legal Considerations:
Burden of Proof: In scienter cases, the burden of proof is on the victim to establish that the owner knew or should have known about the dog's dangerous propensities. This often requires gathering evidence, such as witness statements, prior complaints, or documentation of the dog's behavior.
Defenses: Dog owners may defend against scienter claims by arguing that they had no knowledge of the dog's dangerous propensities or that the victim's actions provoked the dog's attack. However, the owner's lack of knowledge must be genuine and supported by evidence.
In conclusion, while California's strict liability statute addresses dog bites specifically, the common law doctrine of scienter provides an alternative legal basis for holding dog owners liable for attacks or injuries caused by their dogs' aggressive tendencies. Victims of dog attacks can explore both avenues to seek compensation for damages, depending on the circumstances and evidence available in their case.
Liability for Dog Attack Based on Negligence and Negligence Per Se in California
In California, liability for a dog attack can also be established based on negligence and negligence per se, which are legal concepts that focus on the owner's duty of care and compliance with laws and regulations related to dog ownership.
Negligence in Dog Attack Cases:
Duty of Care: Dog owners have a duty of care to prevent foreseeable harm caused by their dogs. This includes taking reasonable precautions to restrain and control their dogs, especially if the owner knows or should know about the dog's aggressive tendencies.
Breach of Duty: If the owner fails to fulfill their duty of care, such as by allowing the dog to roam freely without supervision or failing to address known aggressive behavior, they may be considered negligent.
Causation and Damages: The victim must demonstrate that the owner's negligence directly contributed to the dog attack and resulting injuries. Damages such as medical expenses, pain and suffering, and lost income may be sought if negligence is established.
Negligence Per Se in Dog Attack Cases:
Violation of Laws or Regulations: Negligence per se occurs when the dog owner violates a specific law or regulation related to dog ownership, such as leash laws, dangerous dog ordinances, or animal control regulations.
Presumption of Negligence: If the owner's violation of the law is proven, there is a presumption of negligence. This means that the owner is considered negligent as a matter of law due to the violation, making it easier for the victim to establish liability.
Exceptions and Defenses: Owners may defend against negligence and negligence per se claims by arguing that they were not aware of the law, that the victim's actions contributed to the attack, or that the attack was unforeseeable given the circumstances.
Legal Considerations:
Evidence: To establish negligence or negligence per se, the victim must gather evidence such as witness statements, photographs of the scene, medical records, and any documentation of the owner's failure to comply with laws or regulations.
Comparative Fault: California follows a comparative fault system, meaning that if the victim's actions contributed to the dog attack, their compensation may be reduced proportionally based on their percentage of fault.
Legal Representation: Consulting with a personal injury lawyer experienced in dog attack cases is crucial for victims to understand their legal rights, assess liability, and pursue compensation for their injuries and damages.
In summary, negligence and negligence per se provide legal avenues for establishing liability in dog attack cases based on the owner's failure to exercise reasonable care or comply with relevant laws and regulations. Victims of dog attacks can seek compensation for their injuries by proving negligence or negligence per se and demonstrating the owner's breach of duty and causation of harm.
Special Rules Where the Dog Bite Victim Is a Child in California
In California, special rules and considerations come into play when the victim of a dog bite is a child. These rules are designed to provide additional protection to children who are more vulnerable to serious injuries from dog bites. Understanding these special rules is crucial for parents, guardians, dog owners, and legal professionals involved in dog bite cases involving children.
Strict Liability Applies: California's strict liability statute (Civil Code Section 3342) applies regardless of the victim's age. This means that dog owners are liable for damages if their dog bites anyone, including children. The owner is responsible for compensating the child's medical expenses, lost wages (if applicable), pain and suffering, and other damages resulting from the dog bite.
Heightened Duty of Care: Dog owners have a heightened duty of care when it comes to children. They are expected to anticipate that children may approach or interact with their dogs differently than adults and take appropriate precautions to prevent harm. This includes ensuring that their dogs are properly trained, socialized, and restrained in situations where children are present.
Contributory Negligence Considerations: In cases involving child victims, contributory negligence may be assessed differently. Children are not held to the same standard of care as adults due to their age, maturity level, and ability to understand risks. Courts may consider factors such as the child's age, behavior, and the circumstances of the dog bite incident when determining contributory negligence.
Parental Supervision: Parents and guardians play a crucial role in preventing dog bites to children by providing adequate supervision and guidance. They should teach children how to interact safely with dogs, including asking permission from the owner before petting a dog, avoiding approaching unfamiliar dogs without supervision, and understanding when a dog may be showing signs of aggression or discomfort.
Special Considerations for Dog Owners: Dog owners should be aware of the potential risks their dogs pose to children and take proactive measures to prevent dog bites. This includes proper training, socialization, and supervision of their dogs, especially around children. Owners should also secure their property to prevent children from entering areas where their dogs are kept.
Legal Remedies for Child Victims: If a child is bitten by a dog, the child's parents or legal guardians can pursue legal action on behalf of the child. They can seek compensation for medical expenses, emotional distress, pain and suffering, scarring or disfigurement, and any long-term effects of the dog bite. Additionally, California law allows for punitive damages in cases of extreme negligence or intentional misconduct by the dog owner.
Educational Efforts: Educational efforts aimed at children, parents, and dog owners are crucial in preventing dog bites to children. Schools, community organizations, and animal control agencies often collaborate to provide educational programs, safety tips, and resources on dog bite prevention and responsible pet ownership.
Special rules and considerations apply when the victim of a dog bite is a child in California. These rules emphasize the heightened duty of care for dog owners, the importance of parental supervision and education, and legal remedies available to child victims and their families. By understanding and implementing these measures, we can work towards reducing the number of dog bites to children and ensuring their safety and well-being.
Criminal and Administrative Remedies and Penalties in California for Dog Attacks
In California, dog attacks that result in injuries or pose a threat to public safety can lead to criminal charges and administrative penalties for the dog owner. These remedies and penalties are designed to address the seriousness of dog-related incidents and ensure public safety. Here's an overview of the criminal and administrative measures related to dog attacks in California:
Criminal Remedies:
California Penal Code Section 399 - Dog Attacks Resulting in Injury or Death: If a dog causes serious bodily injury or death to a person, the owner may face criminal charges under Penal Code Section 399. This offense is known as "owning or harboring a mischievous animal that causes injury or death." Depending on the circumstances and severity of the injuries, the owner could be charged with a misdemeanor or felony, which may result in fines, imprisonment, or both.
Penal Code Section 399.5 - Dog Attacks on Guide Dogs or Service Dogs: Intentionally allowing a dog to attack or injure a guide dog, signal dog, or service dog is a criminal offense under Penal Code Section 399.5. This includes guide dogs for the blind, hearing-impaired, or physically disabled individuals. The penalties for such offenses may include fines, restitution, and imprisonment.
Penal Code Section 597 - Animal Cruelty: In cases where a dog's aggressive behavior is a result of mistreatment, neglect, or abuse by the owner, criminal charges for animal cruelty may apply under Penal Code Section 597. This can include acts such as failing to provide adequate care, shelter, or medical attention to the dog, which contributes to its aggressive behavior.
Administrative Remedies and Penalties:
Dangerous Dog Designation: Local animal control agencies have the authority to designate dogs as "dangerous" or "potentially dangerous" based on their behavior, history of aggression, or involvement in attacks. Owners of dangerous dogs are subject to various restrictions and requirements, such as keeping the dog securely confined, muzzled in public, and obtaining liability insurance.
Administrative Citations and Fines: Animal control agencies may issue administrative citations and fines to dog owners for violations of local ordinances, leash laws, or dangerous dog regulations. These fines are intended to encourage compliance with safety measures and responsible pet ownership practices.
Dog Licensing and Vaccination Requirements: Dog owners are required by law to license their dogs with local authorities and ensure they are up to date on vaccinations, including rabies vaccinations. Failure to comply with licensing and vaccination requirements can result in penalties and legal consequences.
Legal Considerations:
Investigations: Authorities conduct thorough investigations into dog attacks to gather evidence, determine liability, and assess the severity of the incident. This may involve interviewing witnesses, examining the dog's history, and reviewing medical reports.
Victim Compensation: In addition to criminal and administrative actions against the dog owner, victims of dog attacks may seek compensation for their injuries, medical expenses, pain and suffering, and other damages through civil lawsuits.
Legal Representation: Both dog owners facing criminal charges and victims seeking compensation should seek legal representation from experienced attorneys familiar with California's laws and procedures regarding dog attacks.
In conclusion, California's criminal and administrative remedies for dog attacks aim to hold owners accountable for their dogs' behavior, prevent future incidents, and protect public safety. Understanding these legal measures and seeking appropriate legal advice is essential for all parties involved in dog-related incidents.
Actions to Take Immediately After a Nevada City Dog Bite Or Attack
If you or a loved one has been bitten by a dog, there are several important steps you must take to ensure your physical recovery as well as protect your future legal claims. These steps include: Identify the dog, seek medical attention, report the bite, identify the owner, take photos, call Michael Phillips, dog bite injury attorney 530-265-0186
Identify the Dog
The most important first step you can take after a dog bite is to identify the dog. Find out who owns the dog or where the animal lives. Try your best to take a mental picture of the dog. If the dog bit and ran away it is very likely a stray.
Seek Medical Attention
Seek medical attention. Even if the bite appears minor it is important to get it checked out. When skin is broken by a dog bite it is very likely to become infected. Depending on the severity of the bite, contact 911 or have someone drive you to an emergency room.
Treat the Wound
If you do treat the wound at home immediately wash the wound with mild soap and clean water. There are various bacteria in the mouths of dogs, which can cause harmful infections. Washing the dog bite is the best way to get rid of dog saliva and harmful bacteria from near the wound.
The Cleveland Clinic recommends these 7 steps: Press on the wound gently to cause some bleeding to help flush out as much bacteria as possible. Wash the wound with mild soap and water. Slow the bleeding with a clean cloth. Apply over-the counter antibiotic cream if you have it. Wrap the wound in a sterile bandage. Keep the wound bandaged and see your doctor. Change the bandage several times a day once your doctor has examined the wound. Watch for signs of infection, including redness, swelling, increased pain and fever.
Report the Bite
Report the bite to your local health department. If the dog is a stray and you cannot identify it, you may be forced to undergo a series of rabies shots, which are expensive and painful. Report the dog bite to your local animal control office and the police.
Identify the Owner
Identify the owner by gathering information. Obtain the name and address of the dog owner, in addition to the dog license information. Find out if the has a past history or record or any other bites. If the owner is identified then you are very likely entitled to compensation because of the dog bite law. Identification of the owner will also protect you in testing the dog for rabies so that you do not have to endure the rabies vaccine. A rabies vaccination can be expensive, time consuming, and painful. If you can get the dog tested for rabies, you can avoid treatment.
Take Photographs
Take photographs of the injuries caused by the dog bite as soon as you can. You will also want to document the extent of your injuries. It is also a good idea to write down word for word how the accident occurred. This preserves a record of events that can be forgotten or clouded over time.
Phillips Personal Injury - Dog Bite Injury Attorney
Consult a local Nevada City dog bite lawyer at the Phillips Law Offices as soon as possible. Dog bite laws are complex and hard to understand. We can will help you sort out the complexities of your case and get you the compensation you deserve for your injuries. You may be entitled to compensation for pain and suffering, lost wages, medical expenses, and other out of pocket expenses relating to the injury. Time is of the essence and we can immediately assist in identifying the owner and the dog involved.
Nevada City Dog Bite Frequently-Asked Questions
Dog bites often happen very quickly and are unexpected. Most dog bites happen unexpectedly because many people are unaware of the dog’s body language. The Center for Disease Control reports that every year approximately 4.7 million people are bit in the United States. If you have questions about dog bites and injury claims we invite you to contact us. We are dog bite injury lawyers serving all of Northern CA. We do not charge for the initial consultation and are happy to answer any dog bite questions you may have. 530-265-0186