Dog Bites Cerritos

Dog attacks can result in significant physical injury, emotional trauma, and financial loss. When an individual sustains an injury from a dog in Cerritos, specific state statutes and local city ordinances dictate how liability is determined. At Benji Personal Injury Accident Attorneys, we provide experienced legal counsel to victims seeking compensation for damages caused by canine attacks, helping them navigate the complex legal landscape of California dog bite laws.

California Strict Liability Standard

California operates under a strict liability system regarding dog bites, a legal framework designed to protect public safety by placing the burden of responsibility squarely on dog owners. According to California Civil Code Section 3342, the owner of a dog is strictly 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. This liability exists regardless of any former viciousness of the dog or the owner's knowledge of such viciousness.

This statute distinguishes California from states that follow a "one-bite rule." In those jurisdictions, an owner might avoid liability if they did not know their dog was aggressive and had no prior history of biting. In Cerritos and throughout California, a dog's lack of prior aggression does not absolve the owner of financial responsibility for a bite injury under this strict liability standard.

It is important to note that strict liability applies specifically to bite injuries. If a victim is injured by a dog in a manner other than a bite, such as being knocked over, tripped, or chased, the claim typically proceeds under general negligence principles. In these non-bite cases, the injured party must demonstrate that the owner failed to exercise reasonable care in controlling the animal, which could involve proving inadequate training, insufficient restraints, or a failure to warn of known aggressive tendencies.

Cerritos Animal Control Ordinances

Local regulations in the City of Cerritos establish specific standards for pet ownership that significantly impact personal injury claims. A violation of these local safety laws can serve as powerful evidence of negligence in a civil case, often referred to as "negligence per se."

The City of Cerritos maintains strict leash laws. Dogs must be kept on a leash not exceeding six feet in length when on any public street, public park, alley, or any unenclosed public or private land. If a dog owner allows their animal to roam off-leash or uses a leash longer than the mandated six feet, and that violation directly leads to an injury, it strongly strengthens the argument for owner negligence. Dogs roaming free are subject to being picked up by Long Beach Animal Care Services, and their owners may be fined.

The city also limits the number of dogs per household. Residents are permitted to own up to three dogs. Households with four or more dogs require a specific dog-kennel license. These regulations are intended to maintain public safety, prevent overcrowding, and reduce the likelihood of pack behavior or overwhelmed owners, which can contribute to dangerous situations.

The potential for severe injury in Cerritos due to uncontrolled dogs is a serious concern, as evidenced by past incidents. In 2013, a significant incident occurred near a local KinderCare where a 120-pound Akita escaped a backyard and caused life-altering injuries to a 67-year-old pedestrian,, whose arms were "stripped down to the bone." This tragic event, which occurred near KinderCare off Carmenita Road, underscores the necessity for strict adherence to containment and leash laws in the community to prevent such unprovoked attacks.

Liability Defenses and Exceptions

While strict liability favors the victim in dog bite cases, dog owners and their insurance companies often utilize specific defenses to contest claims. Understanding these defenses is essential for anyone pursuing a case, as they can reduce or even eliminate an owner's liability.

• Trespassing: California's strict liability statute protects those lawfully in a private place or in a public place. If a victim was trespassing at the time of the attack, the owner may not be held strictly liable. Lawful presence includes guests, postal workers, utility meter readers, and others with an implied or express invitation.
• Provocation: If the victim intentionally teased, tormented, or physically abused the dog immediately prior to the attack, a court may find that the victim provoked the incident. However, minor actions or unintentional contact typically do not constitute legal provocation in California. This defense can reduce or eliminate the owner's liability, often under principles of comparative negligence.
• Assumption of Risk: This defense often applies to professionals in the animal care industry, such as veterinarians, veterinary technicians, groomers, or kennel workers. Courts generally hold that these professionals understand and assume the inherent risk of bites as a part of their occupation.
• Comparative Negligence: In California, even if strict liability applies, the victim's own negligence, if any, in contributing to their injuries can reduce the amount of damages they can recover. This is particularly relevant if elements of provocation are present or if the victim's actions otherwise contributed to the incident.

Reporting Requirements in Cerritos

Documentation is a critical component of building a strong legal claim after a dog bite. The Cerritos Sheriff's Station and Community Safety Center contracts with Long Beach Animal Care Services (LBACS) to handle animal control issues within the city. Following an attack, promptly reporting the incident to LBACS creates an official record and initiates crucial processes.

This report provides objective details regarding the time, precise location, and parties involved, which is essential for establishing the facts of the case. It also triggers an investigation into the dog's vaccination history, specifically for rabies, which is vital for informing the victim's medical treatment and for public health. Furthermore, the report helps officially identify the dog and its owner, a fundamental step in pursuing a legal claim.

Recoverable Damages in Dog Bite Cases

Victims of dog bites often face extensive and diverse costs beyond immediate medical care. A successful personal injury claim seeks to restore the victim's financial position to where it was before the attack. Benji Personal Injury Accident Attorneys assists clients in meticulously calculating the total value of their losses, which can include both economic and non-economic damages.

Statute of Limitations

California law imposes a strict deadline on filing personal injury lawsuits, known as the statute of limitations. For most dog bite cases in California, the injured victim generally has two years from the date of the injury to file a lawsuit in civil court. Failure to file within this precise timeframe typically results in the forfeiture of the right to seek compensation, barring any exceptions. Exceptions are rare and apply to specific circumstances, such as when the victim is a minor, in which case the two-year period typically begins on their 18th birthday, or if the defendant is absent from the state for a period of time.