Dog Bite Liability Law: How A dog bite lawyer help you in Los Angeles

In the USA, the cases of dog attacks on human beings are often in the news. Dogs of all sizes are capable or able to kill human beings. However, the large dogs are strong enough to inflict more damage in short span of time. According to data, there are around 2% or 4.7 million people of the US population bitten by dogs every year.

There are following factors which actively play a role in dog biting:

-          Dominance Aggression – irritating behavior by family members like – snatch the food from the dog’s mouth while eating or disturb by any other means.

-          Due to Self-Defense or Fear Aggression – Sometimes, family member or any stranger approach towards the dog very quickly subsequently dog frighten and attack.

-          Territoriality and Possessions – When stranger approaches owner’s home furtively.

-          Pain and Sickness – Either family member or stranger irritate or forcibly try to touch/hold when the dog is suffering from pain.

-          Re-directed aggression – When someone hit or kick the dog.

Nevertheless, apart from the above given points, there are also following factors that determine whether dog will bite or not:

-          Breed – there are some breeds of dog, which have innate tendency of biting.

-          Socialization of the dog – how the master of dog nurtured. Whether proper training has been given to it or not.

-          Health of the dog – if the dog is sick/injured and someone irritate, it could be another reason of biting.

-          Behavior of the victims – this another important factor that provoke the dog to bite

However, if a dog bites to any person, he/she has the right of dog bite lawsuit. In California, the dog owners are liable for the injuries caused to individuals by their dogs. The state has given right to victims to file a case on two strict liabilities for only one dog bite – first created by statute and second arising from common law. Not only this, in 1989, the California State Legislature enacted a special administrative hearing procedure only for the regulation of ‘menacing dogs”, because according to the research “dangerous and vicious dogs have become a serious and widespread threat to the safety and welfare of citizens of the state”. Subsequently, the Judicial Council of California promulgated a package of four forms in 1990 and the notice given – “DO NOT BRING THE DOG TO THE HEARING”.

As per dog bite law, if a person injured by a dog while rescuing another person, the dog owner will be liable for the injury, under the legal principle known as “rescue doctrine”. As we have seen in the above sentences, the dog bite law is complicated issue; therefore, it is always suggestive for everyone to consult a dog bite attorney as soon as possible. Dog bite attorneys in Los Angeles, California are much efficient in providing following damages to victims:

-          Medical bills

-          Emotional damages

-          Compensation for income loss for present and future (if applicable then) due to disfigurement

Nonetheless, all these compensations are given by either the insurance company (if the dog is insured) or dog owner.

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How to find a Dog Bite Attorney

Dogs have always been considered to be man’s best friends. Statistics however, show that a probable 2% of the U.S. inhabitants are bitten annually by a dog. What is more unfortunate is that many of the victims are children. This is the reason, a dog bite can be one of the most traumatic experiences that people encounter throughout their lives and In many cases, it leaves a lasting negative impression of the victim.

The dog bite laws in the U.S. aspire to make good the financial, physical and psychological pain and suffering. The victim may also have a limited amount of time to take the case to court. They are well defined and clearly specify the rights and responsibilities of the victim and the dog owner. These laws hold the owner responsible for all the injuries caused by the dog, whether the attack took place on public or private property; and depending on the state that you live in, your local jurisdiction may hold the dog owner responsible for any damages incurred if the dog trespassed. This way, the law makes the dog owner responsible for limiting the dog to his own territory.

It is advisable to contact a dog bite attorney as soon as possible to discuss any legal and financial remedies as a result of an attack by a dog. This is because an experienced dog bite attorney can help you recover any future loss and help you retrieve the appropriate compensation for the physical and psychological pain that occurred as a result of the attack. A dog bite lawyer should therefore be your first step if you decide to take legal action. Research shows that an experienced dog bite attorney can recover 66% more than what would have been recovered without the attorney’s intervention. In addition, many dog bite lawyers work on a contingency basis, which means that there is no out of pocket expense unless you settle or win your case.

Dog bite laws in U.S. differs from state to state. Several states hold owners accountable for the harm or injury, irrespective of the dog’s behavior in the past. This means that the dog owner may well be held answerable for the dog’s action even if it has not exhibited any violent behavior in the past. This is thus the reason one must research and retain a qualified dog bite attorney for any of his legal or monetary dog bite associated issues.

Dog bite laws may differ from state to state. By hiring the right dog bite attorney who has a thorough knowledge of your legal and monetary rights, you are taking the necessary steps to ensure that your rights are protected and that you will be compensated accordingly.

Finding a personal attorney is easy, but finding a good one is awfully tough, particularly because good attorneys charge their services higher than regular attorneys. You should therefore ask your family or your friends if they have a trusted good lawyer or attorney.

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Dog Bite Injury- Who is Liable Under the Dog Bite Law

Every year there are approximately 3 million people that are bitten by dogs and statistics show that most victims are children.

Dog bite is not as simple as it seems to appear. It may result to serious injuries like:

• Lacerations

• Punctures

• Abrasions

• Tissue loss and avulsion

• Fractured bones

• Infections such as rabies, cellulites, C Canimorsus infections

That is why it is necessary for a victim to seek for medical help because the effect can be fatal.

The next thing to do is to identify the dog and its owner because you can hold them liable for damages and reimbursement for any expenses you incurred during the treatment period.

In the United States, a law was passed known as the dog bite law, which enumerates certain rights and responsibilities of a victim and the owner of the dog.

The dog bite law is a combination of city and county ordinances, state law and common law. It includes civil, criminal and administrative law. Generally, civil law provides monetary compensation for the victim, criminal law punishes the owner of the dog and administrative law creates a remedy against the dog itself.

Almost all states in the US hold the owner liable for dog bite if he orders the dog to attack a person or if he knowingly kept a dog that previously bit a person. They also hold the owner liable for negligence for any injury that the dog causes and for violating a public health and safety law such as the leash law.

Most dog bite statutes impose statutory strict liability that makes the owner of the dog legally liable to the victim.

Other states allow claims based on common law strict liability but only states with dog bite law add an additional cause of action for statutory strict liability.

However, there are states that do not have a dog bite statute. In this case, they use the one-bite rule or statute. In this law, the legal responsibility of the owner is determined by the following principles:

• The first issue is whether the dog bites anyone. If so then the owner is liable.

• If the answer in the first item is no, the second question is whether the dog did something that has put the owner in notice that the dog have inclined to bite anyone in the future.

• If the answer is no, then they consider if the owner has violated any law pertaining to public health and safety.

• They consider whether there is negligence.

• If the owner or custodian is not negligent then they consider whether other people can be held liable due to their negligence.

Dog bite law differs from state to state. However, not all dog bite cases are punishable under the dog bite law. There are certain exceptions provided by law. The following are the exempted cases:

• The victim is a trespasser

• The victim is a veterinarian or a canine professional who is treating the dog at the time of the incident

• The victim is committing a felony against the owner of the dog

• The victim provoked the dog by physically abusing it

• The victim assumed the risk for being bitten

• The victim is assisting the police or the military at the time of the incident

If you have been bitten by a dog and you are all set to file your injury claim against the responsible parties, consult our expert animal attack lawyers. Just log on to our website and fill out our case evaluation form.

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The Physical and Emotional Pain Caused by a Los Angeles Dog Bite

Virtually any Los Angeles dog bite attorneys will be able to tell you that if you have been the victim of a dog bite injury or know someone else who has been, then you are well aware of the physical and emotional pain caused by a Los Angeles dog bite. Each year there are many people in Orange County cities such as Laguna Beach or Los Angeles cities like Redondo Beach, Marina del Rey and Hermosa Beach that have bitten by dogs.

These dogs can be family pets or dogs they have never seen before. The experience of a dog attacking you can be very terrifying and traumatic. The terror the attack causes you to experience may well lead to you developing Post Traumatic Stress later on after the attack. Young children who are attacked usually develop a life long fear of dogs. Living with these fears can in many instances be life hindering for the victim in certain situations that bring about the memory of the vicious dog attack.

As a result of the frequency of dog bite attacks, many personal injury lawyers in Los Angeles and surrounding areas have specialized in representing dog bite victims. A good Orange County area dog bite attorney can help relieve some of your stress in your bid for monetary compensation after a dog bite attack.

Children seem to suffer the most emotional pain from a dog bite attack. As a parent, you will want to help ensure that the child receives the counseling he needs to be healed emotionally from an attack. Suing the owner of the dog can help ensure your child will receive the ongoing counseling he may need. California strictly holds the owner of the attacking dog liable for any damages they cause.

Orange County area dog bite lawyers can help prepare a successful case for your dog bite claim and bid for compensation. They know first hand the physical an emotional pain that can be caused by a dog bite. You will want to be sure you hire the most experienced personal injury lawyer who is familiar with California dog bite law. These caring professionals can help determine what type of compensation you will need and what amount you should be asking for in your particular case.

You injuries may include the necessity for long term care of both physical and emotional damage done by the dog. In some tragic cases, the need for a wrongful death suit may be necessary. Experienced and compassionate personal injury lawyers provide a great service to the community in cases like these. In the unfortunate event of a wrongful death and other dog bite injuries and other personal injuries, never hesitate to get the legal council you need.

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Warning: Don’t Let Your Child be a Dog Bite Victim-use These Helpful Tips

There are many factors which can increase the chance of your or your child being a victim of a dog bite or dog attack.

Owners of dogs, teenagers, grandparents, babysitters, caregivers of all types and especially parents of young children, must keep in mind all of the factors that can result in or lead to aggressive and harmful behavior in dogs.

Of course, the greater the number of these factors which are present will increase the likelihood that a damaging or injurious bite or attack can occur.

For example: If a canine is continuously kept on a leash or chain, then there is a much increased chance that such a dog will be aggressive and/or lack proper “people skills.”

Not surprisingly, male dogs are more likely to exhibit aggressive tendencies and account for a higher percentage of bites and attacks on children and adults.

Notwithstanding the previous fact, dominant, poorly trained and socialized or fearful female dogs will, and often do, bite children and their caregivers.

If there are two or more dogs in a yard without the dog owner present, then there is a significantly higher chance of encountering or experiencing dog bites or dangerous do behavior.

The greater number of dogs that are present equals a much higher risk for attacks, bites, or maulings , which are associated with pack behavior.

Non-neutered or un-spayed dogs typically demonstrate higher levels of aggressive behavior.

Some additional evidence shows that the number of dog attacks and bites goes up during the warmer months of the Summer due the higher volume of people outside and in the presence of a greater number of dogs.

Disturbingly, the single, most common cause of deadly dog bites and seriously harmful canine attacks is the owner of the dog, who does not properly train, supervise or care for their animal.

As a father of two young children and a lawyer who handles injury claims associated with dog bites/attacks, I want to do everything I can to keep my kids safe and avoid them being hurt by a dog.

As a fellow parent, sibling, aunt/uncle, or friend, I know that you also want to keep all the children in your lives safe from dangerous dog behavior.

To help us all achieve this very important goal, I have compiled the following list of things that all children should be taught about dogs:

-Don’t chase or tease dogs.

-Wait to be introduced to the dog by the dog’s adult owner.

-Ask the dog owner’s permission to pet their dog first, before trying to pet the dog.

-Wait for a dog owner’s permission to pet the dog and then teach your child to let the dog sniff the child’s hand first, before petting the dog.

-Pet the animal gently after the dog sniffs his/her hand.

-Never pet a dog while it is eating or sleeping.

-Never approach a dog that has puppies or is nursing puppies.

Learn the items on this list and then teach the children in your life these valuable tips and hopefully you and your children will avoid be another victim.

-Never pet a dog while it is playing with a toy.

-Never try to take a dog’s toy away from the dog.

-Don’t play rough with dogs.

-If your child is outside and a stray dog approaches, then teach your child to not run away, but to try backing away slowly. The dog will always be able to run faster than the child and could chase your child and attack.

Put these tips into action and keep yourself and your children safe around dogs. Don’t wait. You never know when a dangerous situation will present itself.

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Statute of Limitations in Dog Bite Cases

Dog bite victims have a limited amount of time to file a lawsuit in court, and that amount of time varies by state. California’s statute of limitations for dog bite cases is generally two years from the date of the attack (Cal. Civ. Proc. Code 335.1). This statute of limitations is usually shorter for cases in which a government agency or employee might be held liable for the victim’s injuries. An experienced dog bite attorney will be able to counsel you regarding the specific dog bite laws and statutes of limitations in California, and advise you on the amount of time you have in which to file a lawsuit.

Most state laws provide for anywhere from two to six years in their statutes of limitations in dog bite cases in which an individual or company (rather than a government agency) can be held liable. Some states: Kentucky, Louisiana, and Tennessee; only allow one year from the date of the dog bite injury for the victim to file a lawsuit with the courts.

There are a few exceptions to the statutes of limitations imposed by each state, and one of the primary ones relates to the claims of a minor. In many states, the statute of limitations does not begin to run until the victim reaches his or her 18th birthday. In these cases, a child could be the victim of a dog bite attack at the age of five, but wait until after his or her 18th birthday to file a claim with the courts.

Other exceptions exist in the statutes of limitations involving dog bite cases in California. When a government agency or employee could be held liable for the dog bite, it is important to file your claim immediately. Victims of dog bite injuries, for which a government entity or employee is liable, may have as little as 60 days from the date of the injury to present a claim to that government entity. It is very important that you have an experienced California dog bite attorney help you with this kind of claim because of the special procedural requirements and substantial content of these claims.

If you have been the victim of a dog bite attack and are unsure of the amount of time you have in which to file a claim, contact an experienced dog bite attorney to help you with your case. Your lawyer will be informed about the applicable statutes of limitations within the state of California regarding dog attack claims, and can guide you through the process of filing your lawsuit.

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Dog Bite Prevention

There are certain codes of behavior and etiquettes that we as people should observe and teach to our children with regards to interacting with dogs. These behaviors serve as dog bite prevention, such that tragedies can be avoided.

• Don’t run past dogs. Especially important for children. Dogs have an inherent drive called prey drive. This drive inspires them to give chase to moving objects, tennis balls, neighborhood cats, or shrieking children. This doesn’t mean that you cant go jogging, it just means that you must exercise caution when getting your daily exercise. I once had a running coach who instructed me to stop running when I saw a dog and walk past until safely out of the way. I don’t necessarily recommend you go to this extreme but it definitely wouldn’t hurt with dog bite prevention.

• Allow dogs to introduce themselves to you. A mistake many people make is to rush up to a dog to tell him hello. Many dogs see this as an invasion of personal space and a threat and may react in kind. By allowing a dog to make introductions on his terms, the level of stress he feels is much lower. By lowering the amount of stress with the introduction you greatly reduce the chance of a dog bite.

• When you allow the dog to meet you and do his obligatory sniffing, allow him to sniff your closed fist instead of your open hand. If he does decide to bite, much less damage will be done. Better to get bitten on a closed fist than to lose a finger by taking a direct bite to your digits.

• When a new dog is approaching to meet you, position your body at a sideways slant. This is a much less threatening posture than a straight-on affront. It is a more submissive posture and makes a new dog feel more at ease.

• Don’t have staring contests with strange dogs. Some dogs will see this as an invitation for conflict.

Children are the victims of the majority of dog bites. All children should learn the above codes, plus there are additional behaviors that children should learn when dealing with dogs and dog bite prevention.

• Children should always ask permission to meet a new dog. By asking the owner of the dog permission, the owner is now more in a mindset of supervisor. He will now be in better control of the dog. Never should a child run up to a new dog to make an introduction whether or not the owner is around. In fact, a child should never attempt to meet a strange dog who is without an owner.

• Children should learn to be calm around dogs. Dogs will often bite as a result of stress. A running, screaming child can cause many dogs a lot of stress. This could provoke a dog bite and should be avoided.

• Although children are shorter, they should work to avoid being face to face with a dog. Allow the dog to instead sniff the child’s closed fist. This makes sense on a few different levels. If a dog is going to bite, the last body part you want near him is the head or face. Also, the act of a child putting his face near the face of a dog can be seen as a threat by the dog. This could provoke a dog bite.

• If possible, when making introductions to new dogs, children should be still, higher in elevation than the dog (sitting in a chair or on the lap of an adult), and calm. Allow the dog to come make the introduction on terms that are comfortable for him.

• Children would be do well to feed new dogs a treat. By making an immediate positive association between child and dog you are much more likely to avoid a dog bite.

Above all, use common sense when dealing with man’s best friend. Common sense is the best form of dog bite prevention.

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Dog Bite Law: Los Angeles Police Dogs and Liability

Dog bite injuries inflicted by Los Angeles Police Department-owned canines can be especially difficult to try in court, depending on the specific circumstance surrounding the incident.

California provides special protection to police departments against dog bite lawsuits, as long as the injury occurred during an arrest and it did not stem from the police officer’s use of unnecessary force. However, the definition of “excessive force” can be subjective, depending on the victim’s criminal record and the events surrounding the actual arrest.

When the dog bite injury occurred outside of the circumstances of a properly enforced arrest, or outside of official police department duties, California laws allow for the victim of the dog bite to bring a lawsuit against the Los Angeles Police Department. Since the police department falls under the definition of a state or government entity, normal statutes of limitations do not apply, and the victim generally has as little as 60 days in which to file the claim.

In addition, police dogs are usually given to one or two police officers for off duty care. These officers often take the dogs to their homes at night, as well. This means there are times when police dogs are not being used to make legal arrests, and could bite a victim outside of the special protection laws offered by California’s liability statutes.

When an off duty dog connected with the Los Angeles Police Department is involved in a dog bite lawsuit, both the individual police officer and the Los Angeles Police Department can be held liable. Even while on duty, police dogs are placed in various situations in which they could potentially bite someone. For example, police dogs are often taken to schools for demonstrations, or to parades and community service events, where there are many children present. Since statistics state children as being the most vulnerable and susceptible to receiving a dog bite injury, the likelihood of an injury occurring in these circumstances is possible.

If you or a loved one have been the victim of a dog bite, and the dog was identified as a police dog connected with the Los Angeles Police Department, the success of your claim in court is highly dependent on the circumstance surrounding the incident. A dog bite lawyer who has experience handling dog bite litigation will be able to counsel you on the statutes of liability and limitations pertaining to your specific case, and offer suggestions on the feasibility of filing a claim with the court. Bringing a dog bite case against a government or state agency can be a difficult process, and you will need highly detailed evidence for your claim to be a success.

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Investigating Dog Bite Cases

In most instances of dog bites in California, the dog’s owner is held liable. However, in an attempt to avoid liability, and the financial penalties that go along with it, many owners will attempt to deny liability through various methods. Often, these methods will include accusing the victim of provoking the attack, or proving that the dog has never bitten anyone else if the incident happened in a state that uses the “one bite” criteria as law. In states that use the “one bite” law, the victim must prove that the dog has previously bitten someone else. Fortunately, this is not a legal loophole through which Californians have to jump.

If an investigation is necessary, a dog bite attorney can help you locate the best people for evidence to support your case. Someone who is experienced in litigating dog bite cases in California will know the proper avenues to go through for questioning potential witnesses. Any evidence that supports your claim will be beneficial, and anyone who has had experience with the dog could help provide that evidence.

Your dog bite attorney will most likely want to speak with people who have interacted with the dog from its birth. This will include (but will not be limited to) the breeder of the dog, the dog’s veterinarian, the kennel or boarding facility where the dog might have been kept, neighbors, delivery truck drivers who have delivered packages to the dog owner’s address, and utility workers who might have come into contact with the dog at some point.

Even within the state of California, any evidence gained by your attorney to prove that the dog has attacked another person will help your case in court. Often, victims of dog attacks do not report the incident to animal control or the police department, and careful investigation might be necessary to uncover information about the true disposition of the dog. The “one bite” rule that many states use in litigation is not always fair; the dog could have well bitten someone else previously, without a paper trail as proof of the incident.

You will want to have documented proof as the result of an investigation. Such documents could include complaints to homeowners associations, police reports, animal control reports, or animal behaviorists’ records. Additionally, you will want to have copies of any previous files or paperwork relating to previous litigation, or menacing dog petitions. A qualified California dog bite attorney will be able to locate and acquire this information for you to help you fully prepare for your lawsuit.

With California dog bite laws constantly changing, and dog bite litigation in any state often resulting in complicated cases that require in-depth investigation, a dog bite attorney will be your best resource in compiling the information you’ll need in court. The more prepared you are in proving that the dog bite incident was not an isolated one, the better your chances are in winning your case. A dog bite attorney who is highly skilled in trying dog bite cases in California will know the steps to take to solidify your case before you bring it to court.

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Dog Bite Law: National Statistics Regarding Dog Bites

According to the Centers for Disease Control (CDC) in Atlanta, every year nearly 4.7 million people become the victims of dog bites within the United States. Of these bites, almost 800,000 require medical attention, with a small percentage of dog bite injuries resulting in fatalities.

If you live in the United States, it is estimated that you have a 1 in 50 chance of becoming the victim of a dog attack. This chance increases if you are a postal worker, delivery person, or utility worker. This chance also increases if you are a minor, as children tend to attract dog attacks due both to their careless play around animals and their vulnerability in size. In fact, dog bites account for one of the top reasons children are sent to the emergency room each year; and the number of incidents involving children only continues to grow.

Fifteen years old is the median age of dog bite victims within the United States, with boys aged five to nine years old being the most common victims of dog bite injuries. In most cases of severe injury, the victim was 10 years old or younger, with injury focused on the face and neck.

Last year, 32 people died due to dog attacks in the United States. These statistics become more interesting when broken down, as fewer deaths occur in states that have more strict liability laws. In 2007, California in particular only had one fatality on record that was the result of a dog attack. California is one of the strict liability states, meaning that a claimant can hold a dog’s owner liable simply by proving that the owner’s dog bit them. There are very few exceptions, and in most cases, these exceptions exist without the loopholes available in other states.

Examples of such loopholes are the “one bite” laws, in which the courts require evidence that the dog has previously bitten someone before the owner is held liable in a dog bite case. According to statistics, states with “one bite” laws and mixed statute laws generally have more instances of dog bites than states with strict liability statutes, such as California.

If someone in your family has been the victim of a dog bite, it is important to understand the specific laws in your particular state regarding the statutes of limitations and liability for dog bite injuries. A qualified dog bite attorney will be able to counsel you regarding your case, and help you gather evidence that will help the courts in determining liability. This is especially important if you live in a “one bite” state, in which you must gather evidence to prove that the dog has previously bitten someone.

Dog bite injuries are far too common in the United States, and often children are the innocent victims. If you have been the victim of a dog bite, an experienced dog bite attorney can explain your rights, options, and challenges to making a claim. The more highly skilled dog bite attorneys will provide a free consultation, process your dog bite claim efficiently, and effectively resolve your claim through negotiations or litigation, recovering for you the compensation to which you are entitled.

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