Dog Bites San Dimas

Residents of San Dimas encounter dogs frequently in public parks, neighborhoods, and private properties. While many interactions are safe, dog bites remain a significant cause of injury in Los Angeles County. When an attack occurs, victims face immediate medical requirements and potential financial burdens. Benji Personal Injury Accident Attorneys provides legal guidance to individuals navigating the aftermath of a dog bite in San Dimas.

California law and Los Angeles County ordinances create a specific framework for establishing liability and seeking compensation. Understanding these statutes helps victims determine their legal standing and the responsibilities of pet owners.

California Strict Liability Statute

California operates under a strict liability standard regarding dog bites, codified in California Civil Code § 3342. This statute dictates that a dog owner is liable for damages suffered by any person bitten by the dog. This liability holds true provided the victim was in a public place or lawfully in a private place, including the property of the dog owner.

The law does not require the victim to prove the owner knew the dog was dangerous. Even if the animal has never shown aggression previously, the owner retains responsibility for the injury. This differs from states that employ a "one-bite rule," which often shields owners from liability for a first-time incident. In San Dimas, a dog's history of good behavior does not absolve the owner of financial responsibility for a bite.

Exceptions to this strict liability exist. The statute generally does not apply if the victim was trespassing at the time of the incident, provoking the animal, or performing a paid service that involves the risk of dog handling, such as veterinary work or grooming. Regarding provocation, California courts recognize this as a partial or total exception to liability if the injured person incited the dog and the dog's reaction was a direct response to that behavior. Examples of provocation include intentionally teasing, tormenting, abusing the animal, or disturbing it while it is eating.

San Dimas and Los Angeles County Animal Control

While the City of San Dimas contracts with the Inland Valley Humane Society for direct animal control services, all animal bites to people in Los Angeles County, including San Dimas, must be reported to the Los Angeles County Department of Public Health or the Department of Animal Care & Control (DACC) for public health purposes, particularly for rabies control.

Following a report, the animal is typically placed under a mandatory quarantine. This observation period lasts 10 days and serves to ensure the animal is not carrying rabies. The owner must confine the dog or deliver it to the pound immediately upon notification of the bite. An official bite report is a crucial piece of evidence for any potential legal claim.

Violations of local animal control ordinances can strengthen a legal claim. Los Angeles County enforces leash laws that require dogs to be restrained in public. Under Los Angeles County Municipal Code 10.32.010, dogs must be restrained by a substantial leash not exceeding six feet in length while on any public street, park, or other public area, or upon private property other than that of the dog owner, and must be under the control of a competent person. If an owner violates a leash law and the dog subsequently causes injury, this violation may constitute negligence per se. This legal concept establishes that the failure to follow safety laws is, by itself, a breach of duty.

Potentially Dangerous and Vicious Dog Designations in Los Angeles County

Los Angeles County regulations, applicable in San Dimas, classify dogs based on their aggressive behavior into two main categories: "Potentially Dangerous Dogs" and "Vicious Dogs," as outlined in Los Angeles County Code, Chapter 10.37. These classifications impact the owner's responsibilities and the animal's future.

Potentially Dangerous Dog

A dog may be declared "Potentially Dangerous" if, within a 36-month period, it meets any of the following criteria:

• On two separate occasions, it engages in unprovoked behavior requiring a defensive action by a person to prevent bodily injury, off the owner's property.
• When unprovoked, it bites a person causing a less severe injury (meaning an injury not requiring multiple sutures, corrective surgery, or resulting in muscle tears, bone fractures, or disfigurement).
• When unprovoked, on two separate occasions, it has killed, seriously bitten, inflicted injury, or otherwise caused injury to a domestic animal or livestock off the owner's property.

Vicious Dog

A dog may be declared "Vicious" if it meets any of the following:

• It has been bred or trained to engage in exhibitions of fighting.
• When unprovoked, it inflicts severe injury on or kills a human being. (Severe injury is defined as any physical injury resulting in muscle tears, muscle avulsions, bone fractures, or disfiguring lacerations requiring multiple sutures or corrective surgery, or which results in death).
• It was previously declared a "Potentially Dangerous Dog" and, after the owner was notified of this determination, it continues the behavior that led to the "Potentially Dangerous" designation or is maintained in violation of the control requirements.

Designation as a potentially dangerous or vicious dog carries significant legal consequences for the owner, including strict confinement requirements, mandatory sterilization, microchipping, and heightened liability for future incidents. In severe cases, a vicious dog may be subject to euthanasia if it poses an unmanageable threat to public safety.

Damages and Compensation

Victims of dog bites in San Dimas may pursue compensation for various damages resulting from the attack. Claims typically involve the dog owner's homeowner's insurance policy. The scope of damages covers both economic losses and non-economic suffering. It is crucial to document all related expenses and impacts of the injury.

• Medical Expenses: This includes costs for emergency room visits, sutures, antibiotics to prevent infection, and rabies vaccinations. Severe cases may require reconstructive or plastic surgery to address scarring and disfigurement.
• Lost Wages: Victims often miss work due to medical appointments, recovery time, or temporary disability. Compensation can cover these lost earnings.
• Pain and Suffering: This category accounts for physical pain, emotional distress, and psychological trauma. Dog attacks frequently result in Post-Traumatic Stress Disorder (PTSD), anxiety, or a lasting fear of animals.
• Property Damage: If personal items, such as clothing or glasses, were damaged during the attack, these costs are recoverable.

Liability Beyond the Owner

While the owner is strictly liable, other parties may share responsibility under specific circumstances. A landlord could face liability if they knew of a tenant's dog's dangerous propensities and failed to remove the threat. This requires proving the landlord had actual knowledge of the specific danger the dog posed, which is often a high legal bar.

Negligence claims also apply to non-owners who may have been keeping or walking the dog. If a third party failed to exercise reasonable care in controlling the animal, leading to an injury, they may be held accountable under general negligence laws rather than the strict liability statute.

Statute of Limitations

California enforces a statute of limitations for personal injury claims. Victims in San Dimas generally have two years from the date of the dog bite to file a lawsuit. Failing to file within this window typically results in the forfeiture of the right to seek court-ordered compensation. Early legal consultation ensures that evidence is preserved and procedural deadlines are met.

Benji Personal Injury Accident Attorneys reviews the specific details of dog bite incidents to determine the appropriate legal strategy for clients in San Dimas.