Dog Bites Long Beach

Residents of Long Beach generally enjoy a pet-friendly environment, with many households owning dogs and utilizing the city's parks and public spaces. However, interactions with animals can sometimes result in serious injury. When a dog bite occurs in Los Angeles County, specifically Long Beach, California law and Long Beach municipal codes provide specific legal remedies for the victim. Benji Personal Injury Accident Attorneys assists individuals in understanding their rights and pursuing compensation under state and local statutes.

California Strict Liability Laws

The core of dog bite law in California falls under Civil Code Section 3342. This statute creates a system of strict liability for dog owners. Under this rule, a dog owner is held responsible for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place. This includes the property of the owner of the dog.

Strict liability creates a clear path for legal action because it removes the need to prove negligence. In many other types of personal injury cases, a victim must prove the defendant acted carelessly. In a dog bite case involving the owner, the victim generally only needs to prove that the bite occurred and that they were lawfully present at the location of the incident.

California does not recognize the "one-bite rule" found in some other jurisdictions. A dog owner is liable even if the animal has never bitten anyone before and even if the owner had no prior knowledge of the dog's aggression. The history of the animal does not absolve the owner of financial responsibility for a bite injury.

It is important to distinguish between bites and other types of injuries. The strict liability statute specifically addresses dog bites. If a dog causes injury by jumping on a person, scratching them, or knocking them over, the case typically proceeds under common-law negligence. In those scenarios, Benji Personal Injury Accident Attorneys must demonstrate that the owner failed to use reasonable care to control the animal.

Long Beach Municipal Codes and Reporting

Local ordinances in Long Beach add layers of regulation that impact how dog bite cases are handled. These laws focus on public safety and the control of animals within city limits. Violations of these ordinances can serve as evidence in a claim for damages.

The Long Beach Municipal Code enforces strict reporting requirements. Any animal bite to a person (with exceptions for rodents, rabbits, and non-mammals) must be reported immediately and without delay. The law requires notification to the Director of Long Beach Animal Care Services or the Police Department. Additionally, the Long Beach Department of Health and Human Services, Communicable Disease Control Program (CDCP), handles official animal bite reports and rabies risk assessments. This reporting creates an official record of the incident, which is often vital evidence in a legal claim.

Following a bite report, the city mandates a quarantine period. The animal must be observed to check for rabies and manage public health risks. This procedure applies regardless of the vaccination status of the animal in many cases.

Long Beach also maintains specific definitions for animals exhibiting aggressive behavior. A "Vicious animal" is defined as any animal which bites or attempts to bite any human or animal without provocation, or which has a disposition or propensity to attack, bite, or menace any human. Beyond "vicious," the Long Beach Municipal Code also defines "Dangerous animals" and "Potentially dangerous animals" with specific criteria. For instance, a "Dangerous animal" includes any animal that inflicts serious injury or kills a human being, or engages in fighting. These local definitions support the argument that an animal posed a known risk if previous incidents were recorded and classified.

Leash laws are strictly enforced in Long Beach. Long Beach Municipal Code Section 6.16.100 states that no person responsible for a dog shall permit such dog to be in any public street, sidewalk, park, or other public place, or private property open to the public, unless the dog is upon a secure leash not more than six feet (6') long held continuously by a responsible person capable of controlling the dog, or securely confined within an automobile. If an owner allows a dog to roam off-leash and an injury occurs, the violation of this leash ordinance provides a strong basis for establishing negligence.

Liability of Landlords and Property Owners

While the dog owner is strictly liable, other parties may share responsibility depending on the circumstances. Landlords or property owners can be held liable, but the legal standard is higher than strict liability. A landlord is generally only liable if they had actual knowledge of the dog's vicious propensities and the ability to remove the danger but failed to do so.

Commercial property owners may also face liability if they allow dangerous animals on their premises without adequate safeguards. Identifying all potential defendants is a necessary step in securing full compensation for medical costs and other losses.

Defenses in Dog Bite Litigation

Insurance companies and defense attorneys often utilize specific legal defenses to reduce or eliminate liability. Understanding these defenses helps victims prepare for the legal process.

• Trespassing: Strict liability applies only when the victim is lawfully in a private place. If a person is trespassing on the property where the bite occurred, the owner may not be liable. "Lawfully" includes guests, invitees, and individuals performing legal duties, such as mail carriers or utility workers.
• Provocation: If the victim provoked the dog, the owner might argue that the victim is partially or wholly responsible for the attack. Provocation is a fact-specific defense that looks at the actions of the victim immediately prior to the bite.
• Assumption of Risk: This defense often applies to professionals who work with animals. The "veterinarian's rule" generally bars strict liability claims from veterinarians, kennel workers, or groomers who are bitten while treating or handling the dog. The law presumess these professionals accept the inherent risks of their occupation.

Damages in Dog Bite Cases

Victims of dog bites often face significant physical and financial hardships. California law allows for the recovery of various damages intended to restore the victim to the position they were in before the attack. Benji Personal Injury Accident Attorneys works to calculate the full extent of these losses.

Immediate Steps After a Dog Bite

The actions taken immediately following an attack influence the outcome of a legal claim. Victims should prioritize their health while also considering the preservation of evidence.

Seeking medical attention is the first priority. Dog bites carry a high risk of infection and may require tetanus shots or rabies prophylaxis. Medical records serve as the primary evidence of the severity of the injury.

Reporting the incident to Long Beach Animal Care Services is crucial and can be done by calling 562-570-PETS (7387). For official animal bite reports and rabies risk assessment, the Long Beach Department of Health and Human Services, Communicable Disease Control Program (CDCP), should also be contacted at (562) 570-4302, or via fax at (562) 570-4374 or secure email LBEpi@longbeach.gov. In emergency situations where immediate medical care and police documentation are needed, calling 9-1-1 is also advised. This report triggers the investigation and quarantine process.

Documenting the scene is also critical. Photographs of the injuries, the location of the attack, and the dog (if possible and safe) are helpful. Collecting contact information from the dog owner and any witnesses provides the legal team with the means to verify the facts of the case.