Dog Bites Pomona

Dog attacks are a frequent cause of injury in Los Angeles County, with approximately 20,000 incidents reported annually. When a dog bite occurs in Pomona, the physical and financial consequences for the victim can be substantial. State laws provide specific protections for those injured by another person's animal. Benji Personal Injury Accident Attorneys represents individuals in Pomona who seek compensation for medical costs and other losses resulting from these attacks.

California Strict Liability Standards

California operates under a "strict liability" standard for dog bites. This legal framework is defined in California Civil Code § 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. This liability exists regardless of whether the dog had previously shown any signs of viciousness or if the owner was aware of such tendencies. A person is considered "lawfully" on private property if they are present by express or implied invitation of the owner, or if they are performing a duty imposed by state or federal law, such as a postal worker or utility meter reader.

Strict liability differentiates California from states that follow the "one-bite rule." In those other jurisdictions, a victim must often prove the owner knew the dog was dangerous. In Pomona and throughout California, the owner is responsible from the first incident. This statute applies specifically to bite injuries. If a dog causes injury through other means, such as knocking a person over, general negligence laws may apply instead.

Defenses and Exceptions to Liability

While strict liability is the standard, there are specific circumstances where a dog owner may not be held fully liable. Understanding these exceptions is necessary for evaluating a claim.

• Trespassing: The victim must be lawfully on the property where the bite occurred. If a person was trespassing at the time of the attack, the strict liability statute may not apply.
• Provocation: If the victim provoked, annoyed, or harassed the animal prior to the attack, a court may find that the victim shares fault for the incident.
• Police and Military Dogs: Exceptions exist for dogs utilized by law enforcement or military personnel while performing official duties, provided the bite occurred while the dog was defending itself from provocation or assisting an employee in specific duties like apprehension of a suspect, crime investigation, or executing a warrant.

Reporting Dog Bites in Pomona

Proper documentation creates an official record of the incident. In Los Angeles County, reporting animal bites to the local health officer is mandatory. This requirement aids in public health monitoring and rabies control.

For incidents occurring within Pomona, the Inland Valley Humane Society & S.P.C.A. (IVHS & SPCA) serves as the local animal control authority, providing animal care and control services to the city. They handle the investigation of biting incidents and the quarantine of animals. Reports made to the IVHS & SPCA provide critical evidence regarding the date, time, and details of the attack. They also track if a specific dog has been designated as "potentially dangerous" under the California Food & Agricultural Code § 31602 due to prior incidents, or "vicious" under § 31603. A dog may be declared "potentially dangerous" if, unprovoked, on two occasions within 36 months, it required defensive action by a person off the owner's property, caused a less severe bite injury to a person, or attacked a domestic animal off the owner's property.

Recoverable Damages in Dog Bite Cases

Victims of dog attacks often face significant medical expenses. According to insurance data, the average cost of a dog attack insurance claim was $49,025 in 2021. Benji Personal Injury Accident Attorneys assists clients in identifying all potential damages to ensure comprehensive coverage of their losses.

The Statute of Limitations

California imposes a strict timeline for filing personal injury lawsuits, known as the statute of limitations. For dog bite cases, a victim generally has two years from the date of the injury to file a claim in court. Failing to file within this two-year window typically results in the loss of the right to seek compensation. It is important to note that for minors, the two-year period generally does not begin until they turn 18 years old.

Evidence preservation requires prompt action even though the law allows two years. Witness memories fade, and physical evidence of injuries heals or changes. Engaging legal counsel early allows for the collection of medical records, animal control reports, and witness statements while they are readily available.

Homeowner Insurance and Liability

In many dog bite cases, the compensation is paid through the dog owner's homeowners or renters insurance policy rather than directly from the owner's personal savings. California leads the nation in the number of dog bite insurance claims. Policies typically cover liability for dog attacks up to the policy limit, which can range from $100,000 to $300,000 or more. If the damages exceed the policy limits, the dog owner may be personally liable for the difference.

Benji Personal Injury Accident Attorneys reviews applicable insurance policies to determine the available coverage. This includes verifying if the specific breed of dog is covered, as some insurance carriers exclude certain breeds from their policies.