Dog Bites Temple City
Personal Injury Lawyers Near Temple City For Dog Bites
Written by Daniel Benji, Esq. head attorney of Benji Personal Injury Accident Attorneys A.P.C.
Residents of Temple City facing injuries from an animal attack often require specific legal guidance regarding California statutes and local Los Angeles County ordinances. Benji Personal Injury Accident Attorneys assists individuals in understanding their rights and the liabilities of pet owners following a dog bite incident. The legal framework in California provides distinct protections for victims, differentiating the state from jurisdictions that rely on leniency for a first-time offense.
California Strict Liability Standards
California Civil Code § 3342 establishes the state as a strict liability jurisdiction for dog bites. This statute holds a dog owner liable for 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 removes the requirement for the victim to prove the owner knew the dog was dangerous. In many other states, a victim must demonstrate that the owner had prior knowledge of the animal's aggression, often referred to as the "one-bite rule." California law rejects this prerequisite. The owner is responsible for the injury regardless of the dog's previous behavior or the owner's lack of knowledge regarding potential viciousness.
Temple City Animal Control and Reporting Protocols
Local protocols in Temple City involve specific agencies for animal control and health safety. Temple City contracts its animal control and shelter services to the San Gabriel Valley Humane Society (SGVHS). To report a stray, injured, or deceased animal, residents can contact the San Gabriel Valley Humane Society during business hours or the Sheriff's Department Temple Station after hours or on weekends/holidays. Following an incident, specific steps regarding reporting and quarantine are mandated by Los Angeles County health regulations.
- Mandatory Reporting: All animal bites that break the skin must be reported to the Los Angeles County Department of Public Health. This creates an official record of the incident.
- Quarantine Requirements: The biting animal, whether a dog or cat, must undergo a mandatory quarantine period of ten days. This observation period is required to monitor for signs of rabies, even if the animal has a current vaccination record.
Dangerous Dog Classifications in Los Angeles County
Los Angeles County enforces ordinances, often aligning with state law (California Food & Agriculture Code, Division 14, Chapter 9), to classify dogs based on their behavior. These classifications impose specific restrictions on owners to prevent future harm. The severity of the incident determines whether a dog is labeled as "Potentially Dangerous" or "Vicious."
| Classification | Definition and Criteria |
|---|---|
| Potentially Dangerous Dog | Any dog that, when unprovoked, on two separate occasions within a 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper. This classification also applies to any dog which, when unprovoked, bites a person causing a less severe injury than a "severe injury" as defined by law, or if it has, on two separate occasions within 36 months, killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the owner's property. |
| Vicious Dog | Any dog that, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being. A dog may also be classified as vicious if it was previously determined to be and is currently listed as a potentially dangerous dog, and after its owner or keeper has been notified of this determination, it continues the behavior described for a potentially dangerous dog or is maintained in violation of applicable confinement requirements. A "severe injury" is defined as any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery. |
Exceptions to Owner Liability
While California enforces strict liability, specific legal defenses exist that may relieve a dog owner of responsibility. Understanding these exceptions is necessary for evaluating the validity of a claim.
Trespassing
Strict liability applies only when the victim is lawfully on the property. A person is considered lawfully on private property if they are there for official duty (such as a mail carrier) or strictly by the express or implied invitation of the owner. If the victim was trespassing at the time of the bite, the owner may not be held liable under Civil Code § 3342.
Provocation
Liability is frequently contested if the victim provoked the animal. Provocation includes teasing, tormenting, or abusing the dog. If the dog reacted defensively to such actions, the court may reduce or eliminate the owner's liability depending on the circumstances.
Police and Military Dogs
Exceptions apply to dogs utilized by government agencies for military or police work, as outlined in California Civil Code § 3342(b). If the bite occurs while the dog was defending itself from an annoying, harassing, or provoking act, or assisting an employee of the agency in law enforcement duties (such as apprehension of a suspect, crime investigation, warrant execution, or defense of an officer or other person), strict liability typically does not apply, provided the agency has adopted a written policy regarding the handling of the dogs.
Negligence Claims for Non-Bite Injuries
Strict liability under Civil Code § 3342 specifically addresses injuries caused by a bite. However, dogs can cause injury without biting, such as knocking a person down, scratching them, or causing a bicycle accident. In these scenarios, the victim must pursue a claim based on general negligence.
To succeed in a negligence claim, the injured party must demonstrate that the owner failed to exercise reasonable care to control the animal and that this failure directly caused the injury. This differs from bite cases because the victim must prove the owner's conduct fell below a standard of reasonable care.
Statute of Limitations
The State of California imposes a specific time limit for filing personal injury lawsuits, including those stemming from dog bites. The statute of limitations for these cases is generally two years from the date the injury occurred, as stipulated by California Code of Civil Procedure § 335.1. Failure to file a lawsuit within this two-year window usually results in the court dismissing the case, barring the victim from recovering compensation. It is crucial to understand that this deadline applies to the formal filing of a lawsuit, not merely reporting the incident to authorities or an insurance company.
Legal Assistance for Dog Bite Victims
Navigating the intersection of state statutes and Temple City local ordinances requires attention to detail. Benji Personal Injury Accident Attorneys reviews the medical records, animal control reports, and witness statements associated with these incidents. Establishing the facts regarding lawful presence on the property and the absence of provocation is central to securing a fair outcome.
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