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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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.

Tags: Angeles, Bite, Dogs', Liability, Police
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