Dog Bites Lakewood

Dog bite incidents in Lakewood, California, involve specific legal statutes, including both state-level civil codes and local municipal ordinances. Victims of a dog attack often require immediate medical attention and may face significant financial losses due to treatment costs, lost wages, and other damages. Promptly reporting a dog bite incident to the appropriate authorities in Los Angeles County is a crucial step for victims. Benji Personal Injury Accident Attorneys provides legal counsel to individuals navigating the complex liability laws that govern these incidents in the Lakewood area.

Understanding the specific statutes in California and the City of Lakewood is essential for anyone seeking compensation after an injury. The law differentiates between strict liability for owners and negligence standards for other parties, while also outlining specific defenses that may impact a claim.

California Strict Liability Standard

California Civil Code Section 3342 establishes the foundation for dog bite litigation in the state. This statute imposes strict liability on dog owners. Under this legal standard, the owner of a dog is liable for the damages suffered by any person who is bitten by the dog. This applies whether the victim is in a public place or lawfully in a private place, including the property of the dog owner.

Strict liability differs significantly from negligence. In many other jurisdictions, a victim must prove the owner knew the dog was dangerous. California law nullifies the "one-bite rule," meaning an owner is responsible for injuries even if the dog has never bitten anyone before and the owner had no prior knowledge of the animal's viciousness. The focus of the claim remains on the ownership of the animal and the occurrence of the bite, rather than the owner's intent or prior caution.

While the statute specifically uses the word "bitten," civil courts generally interpret this to cover injuries caused by the mechanics of a bite. This includes situations where a dog clamps its jaws without breaking the skin, potentially causing crushing injuries, nerve damage, or severe bruising. It is important to note that California's strict liability statute applies specifically to bites. Injuries caused by a dog that do not involve a bite (e.g., being knocked down or scratched) typically fall under common law negligence principles.

Lakewood Municipal Code Considerations

In addition to state laws, local regulations in Lakewood, as part of Los Angeles County, define how dangerous animals are classified and managed. These ordinances can serve as evidence in civil claims, particularly regarding the history of the animal and the owner's compliance with local animal control requirements.

Vicious Animal Definition (Section 4188)

The Lakewood Municipal Code defines a "Vicious Animal" as one with a disposition to attack or bite a person or animal without provocation. If official records demonstrate that a dog has bitten a person or animal unprovoked on two or more separate occasions, this serves as prima facie evidence that the dog is vicious.

Dog Bite Ordinance (Section 6.04.055)

Local law makes it unlawful for an owner to keep or harbor a dog that bites a person while off the owner's property, assuming the bite was unprovoked. Violations of this ordinance can lead to the seizure of the animal. In civil cases, a violation of local safety ordinances can sometimes support a claim of negligence per se, depending on the circumstances of the attack.

Reporting Dog Bites in Lakewood (Los Angeles County)

For residents of Lakewood, all animal bites to humans (except from rodents and rabbits) are legally required to be reported immediately to the Los Angeles County Department of Public Health, Veterinary Public Health and Rabies Control program. This reporting is crucial for public health, especially for rabies control, and creates an official record of the incident, which is vital for any potential legal claim. Reports can be made online via the LA County Public Health website, by phone at (213) 288-7060, or by fax/email.

Liability: Owners vs. Non-Owners

Determining who is financially responsible for a dog bite depends on the relationship between the defendant and the animal. California’s strict liability statute applies exclusively to the legal owner of the dog. Claims against other parties, such as dog walkers, kennel operators, or landlords, operate under common law negligence rules. Negligence in this context means proving that the party owed a duty of care, breached that duty (acted unreasonably), and this breach directly caused the victim's injuries.

Defenses and Exceptions to Liability

While strict liability provides strong protection for victims, specific legal exceptions exist. Defense attorneys may utilize these exceptions to reduce or eliminate the dog owner's liability.

Trespassing

Strict liability applies only when the victim is lawfully in a public or private place. If a person is trespassing on the dog owner's property at the time of the bite, the owner is generally not strictly liable under Civil Code Section 3342. In these instances, the injured party would need to pursue a claim based on general negligence, which carries a higher burden of proof regarding the owner's conduct.

Provocation

If a victim provokes, torments, or harasses the dog, causing it to attack, the owner may not be fully liable. California follows a comparative fault system. If a court finds the victim partially responsible for the incident due to provocation, the compensation awarded may be reduced by the percentage of fault assigned to the victim.

Assumption of Risk (The Veterinarian’s Rule)

The doctrine of primary assumption of risk serves as a defense in cases involving professionals who work with dogs. This is often referred to as the "Veterinarian's Rule." Professionals such as veterinarians, veterinary technicians, and kennel workers accept the inherent risk of dog bites as part of their occupation. In the case of Priebe v. Nelson (2006), the California Supreme Court affirmed that this rule extends to commercial kennel workers, preventing them from recovering damages under strict liability statutes for bites received while performing their job duties.

Statute of Limitations and Damages

Victims of dog bites in Lakewood must adhere to the California Code of Civil Procedure regarding the timeline for filing a lawsuit. The statute of limitations for personal injury cases, including dog bites, is generally two years from the date of the injury. Failing to file a civil suit within this window typically results in the loss of the right to seek court-ordered compensation.

Benji Personal Injury Accident Attorneys assists clients in quantifying the damages associated with a dog bite. Recoverable damages often include:

• Medical Expenses: Costs for emergency care, hospitalization, surgery, medication, physical therapy, and ongoing treatment for infection or scarring.
• Lost Wages: Compensation for income lost during recovery time, as well as future lost earning capacity if the injury results in long-term disability.
• Pain and Suffering: Damages for physical pain, emotional distress, mental anguish, fear of dogs, anxiety, and Post-Traumatic Stress Disorder (PTSD) stemming from the attack. This also includes loss of enjoyment of life.
• Reconstructive Surgery: Costs associated with plastic surgery required to repair disfigurement, scarring, or other cosmetic damage.

Thorough documentation of the incident, including official animal control reports, medical records, photographs of injuries, and witness statements, is vital for substantiating these claims.