Dog Bites La Verne

Dog bites can result in severe physical injury, infection, and long-term scarring. When a dog attack occurs in La Verne, specific state statutes and local municipal codes dictate how liability is established and how victims may seek compensation. Benji Personal Injury Accident Attorneys provides legal counsel to individuals who have sustained injuries due to animal aggression within Los Angeles County, including La Verne.

Navigating the aftermath of a dog bite requires an understanding of California strict liability laws and the specific ordinances enforced within La Verne. This page outlines the legal framework surrounding dog bite incidents, the duties of dog owners, and the rights of injured parties in the La Verne area.

California Strict Liability Statute

California operates under a strict liability standard regarding dog bites, as codified in Civil Code Section 3342. Under this statute, the owner of a dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog.

Strict liability differs significantly from negligence. In many other states, a victim must prove the owner knew the dog was dangerous or that the owner acted negligently. However, in California, liability attaches regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. The law effectively eliminates the "one-bite rule," meaning an owner is responsible even if the animal has never shown aggression before. It is important to note that California Civil Code Section 3342 specifically applies to injuries caused by a dog bite. Injuries resulting from a dog's other actions, such as scratching or knocking a person over, typically fall under general negligence principles rather than strict liability. Furthermore, California Civil Code Section 3342.5 imposes an additional duty on owners of dogs with a history of biting to take reasonable steps to prevent future attacks.

La Verne Municipal Codes and Leash Laws

Local ordinances in La Verne supplement state laws and establish standards of care for dog owners. Violation of these local codes can serve as evidence of negligence in a personal injury claim, a legal concept often referred to as negligence per se.

Leash Requirements
According to La Verne Municipal Code Section 6.16.070, dogs must be restrained by a substantial chain or leash not exceeding six feet in length when on any public place or private property other than the owner's premises. If an owner allows a dog to roam off-leash in public and a bite occurs, this violation can strengthen the case for liability.

Dangerous and Vicious Dog Classifications
The City of La Verne, consistent with California Food and Agricultural Code, maintains specific classifications for dogs based on their history of aggression. These classifications impose stricter requirements on owners and can influence legal proceedings.

Owners of dogs classified as Vicious face significant restrictions, including being prohibited from public places unless muzzled and held under a leash. The classification process typically involves an administrative hearing conducted by the animal control department. For residents of La Verne, animal control services, including dangerous and vicious dog investigations, are provided by the Los Angeles County Department of Animal Care and Control.

Exceptions and Defenses to Liability

While California is a strict liability state for dog bites, there are specific legal exceptions where a dog owner may not be held fully liable for a bite. Insurance companies and defense attorneys often utilize these exceptions to deny or reduce claims.

• Trespassing: Strict liability under Civil Code Section 3342 applies only when the victim is lawfully in a public place or lawfully on private property. If a person is trespassing on the dog owner's property at the time of the bite, the owner may not be liable under this specific statute.
• Provocation: If the victim provoked the dog prior to the attack, a court may find that the victim shares fault for the incident. This can reduce the compensation available under California's comparative negligence rules, where a victim's recovery is diminished in proportion to their own fault.
• Assumption of Risk (Veterinarian's Rule): Professionals whose occupations inherently involve working with dogs, such as veterinarians, veterinary technicians, and kennel workers, generally assume the risk of being bitten as part of their job. This often limits their ability to sue the owner for injuries sustained during treatment or handling.
• Law Enforcement Animals: Bites inflicted by military or police dogs are typically exempt from strict liability if the dog was performing official duties or defending a person at the time.

Statute of Limitations

Victims of dog bites must adhere to procedural deadlines to preserve their right to sue. In California, the statute of limitations for most personal injury cases, including dog bites, is generally two years from the date of the injury. Failing to file a lawsuit within this timeframe typically results in the dismissal of the case and the forfeiture of the right to seek compensation.

There are important exceptions to this general rule. If the dog bite victim was a minor at the time of the incident, the two-year statute of limitations typically does not begin to run until they turn 18 years old, effectively giving them until their 20th birthday to file a claim. Additionally, different timelines apply if the dog is owned by a government entity, such as a city or county agency. Claims against government agencies often require filing an administrative claim under the California Tort Claims Act, typically within six months of the incident, before a lawsuit can be filed.

Damages Recoverable in Dog Bite Cases

When liability is established in a dog bite case, victims may recover both economic and non-economic damages associated with the attack. Benji Personal Injury Accident Attorneys assists clients in documenting these losses to ensure settlements or verdicts reflect the full extent of the harm.

Recoverable damages often include:

• Medical Expenses: Costs for emergency room visits, sutures, surgery, rabies vaccinations, antibiotics for infection, and ongoing treatment for physical and psychological injuries.
• Reconstructive Surgery: Costs associated with plastic surgery to repair disfigurement or scarring caused by the bite.
• Lost Wages: Compensation for income lost during recovery, future lost earning capacity due to permanent disability, or time off work for medical appointments.
• Pain and Suffering: Damages for physical pain, emotional distress, mental anguish, fear of dogs (cynophobia), and Post-Traumatic Stress Disorder (PTSD) resulting from the attack.
• Loss of Enjoyment of Life: Compensation for the inability to participate in activities or hobbies previously enjoyed due to injuries or psychological trauma.

Steps to Take Following an Incident

The actions taken immediately after a dog bite can significantly influence the outcome of a legal claim. Evidence preservation is critical for establishing the severity of the injury and the circumstances of the attack.

• Identify the Owner: Obtain the name, address, and insurance information of the dog owner.
• Seek Medical Attention: Dog bites carry a high risk of infection and can cause serious injuries. Professional medical documentation creates an official record of the injuries and is crucial for your health and your legal claim.
• Report to Local Authorities: In Los Angeles County, all animal bites to people (except from rodents and rabbits) are reportable immediately to the local animal control agency. File a report with the Los Angeles County Department of Animal Care and Control (DACC), which serves the City of La Verne. This creates an official record, initiates a rabies investigation, and helps authorities determine if the dog has a history of aggression. You can contact LA County Animal Care and Control directly or through the Los Angeles County Veterinary Public Health and Rabies Control.
• Photograph Injuries: Take clear, dated photos of wounds, any torn clothing, and the exact location where the attack occurred. Continue to photograph the healing process over time.
• Preserve Witness Information: Collect names, phone numbers, and email addresses from anyone who witnessed the incident. Their testimony can be vital.

Legal Representation for Dog Bite Victims

Dog bite cases involve detailed investigations into ownership, insurance policy limits, and the history of the animal. Benji Personal Injury Accident Attorneys handles the legal complexities of these claims. We investigate whether the owner violated La Verne leash laws or other ordinances, secure medical experts to evaluate the long-term impact of injuries, and negotiate directly with insurance carriers to seek maximum compensation. As personal injury attorneys specializing in cases within Los Angeles County, we are well-versed in both state statutes and local regulations affecting dog bite claims in La Verne.

Our firm focuses on securing the resources necessary for recovery while our clients focus on healing. If you or a family member has been injured by a dog in La Verne, professional legal guidance can clarify your options under California law and assist you through the legal process.