Dog Bites Torrance
Personal Injury Lawyers Near Torrance For Dog Bites
Written by Daniel Benji, Esq. head attorney of Benji Personal Injury Accident Attorneys A.P.C.
Dog attacks can result in severe physical injury, emotional trauma, and significant financial strain for victims. In Torrance, a city within Los Angeles County, residents and visitors are protected by specific state statutes and local municipal codes designed to address animal control and victim compensation. Understanding your legal rights and taking immediate, appropriate steps following an incident is essential for securing necessary medical treatment and pursuing compensation for your financial losses and suffering.
Benji Personal Injury Accident Attorneys provides dedicated legal counsel to individuals who have suffered injuries due to animal attacks in Torrance and throughout Los Angeles County. This comprehensive guide outlines the relevant laws in California and Torrance that dictate how liability is determined and what steps victims must take to preserve their claims and seek justice.
California Strict Liability Standards for Dog Bites
California operates under a "strict liability" standard specifically for dog bites, as defined under 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, including the property of the dog owner.
A person is considered "lawfully in a private place" if they are on the property with the express or implied invitation of the owner, or performing a legal duty (such as a postal worker or utility reader). This standard differs significantly from states that follow a "one-bite rule," which often requires proof that the owner knew their animal had a history of aggression. In California, a victim does not need to prove that the dog owner knew the animal was dangerous or that the dog had a history of aggression. The owner is responsible for the injury regardless of the animal's past behavior or the owner's knowledge of such viciousness.
Strict liability under Civil Code § 3342 applies specifically to injuries caused by a dog bite itself. However, if an injury occurs due to a dog's behavior other than a bite, such as a large dog knocking a person over, scratching, or tripping someone, the claim may fall under general negligence principles. In such instances, the victim must demonstrate that the owner failed to exercise reasonable care to control the animal, and this failure directly led to the injury.
Torrance Municipal Code and Reporting Procedures
Local ordinances in Torrance work in conjunction with state laws to manage dangerous animals and ensure public safety. The Torrance Municipal Code (TMC) contains Article 9, specifically addressing "Dogs and Other Dangerous Animals" (TMC Sections 41.9.1 et seq.). These regulations outline the responsibilities of pet owners and the authority of local officials.
If a dog attack occurs in Torrance, specific procedures are in place for reporting and investigation:
- Reporting the Incident: Victims or witnesses should immediately contact both the Torrance Police Department (for a police report) and the Los Angeles County Department of Animal Care and Control (DACC), which provides animal control services for the City of Torrance. DACC officers and police share jurisdiction in investigating animal attacks.
- Impoundment: Torrance Animal Control officers (from DACC) or Police officers possess the authority to summarily and immediately impound a dog if there is evidence it has attacked or bitten a person.
- Hearings: The TMC outlines processes for "Dangerous or potentially dangerous animal hearings" (TMC Section 41.9.5). These administrative proceedings, conducted by a neutral hearing officer appointed by the City Manager, determine if specific restrictions must be placed on the animal or if it poses a threat to public safety, potentially leading to confinement, specific handling requirements, or, in severe cases, destruction of the animal.
An official police report or animal control record serves as vital evidence in a personal injury claim. It establishes crucial facts such as the date, time, location of the incident, and the identity of the dog owner, which are necessary for Benji Personal Injury Accident Attorneys to build a strong case.
Defenses and Liability Limitations in Dog Bite Cases
While California is a strict liability state for dog bites, defense attorneys and insurance carriers often utilize specific legal arguments to reduce or deny liability. Understanding these common defenses helps victims anticipate and address potential challenges to their claims.
| Defense Concept | Description |
|---|---|
| Comparative Negligence | California follows a pure comparative negligence system. If a victim is found to be partially at fault for their injuries (e.g., by teasing, provoking, or intentionally harming the dog), the amount of compensation they can recover will be reduced proportionally by their percentage of fault. However, simple actions like moving quickly or making noise typically do not meet the legal standard for provocation. |
| Trespassing | Strict liability under Civil Code § 3342 applies only if the victim was lawfully on the property (e.g., an invited guest, tenant, or someone performing a legal duty). If a person was trespassing, meaning they were on private property without permission or legal right, at the time of the bite, strict liability protections typically do not apply. In such cases, the victim would generally need to prove negligence on the part of the dog owner. |
| Assumption of Risk (Veterinarian's Rule) | This doctrine typically applies to professionals who knowingly and voluntarily work with animals as part of their occupation, such as veterinarians, veterinary technicians, or kennel workers. Known as the "Veterinarian's Rule" (or occupational assumption of risk), this defense suggests these professionals assume the inherent risk of bites as a known part of their job, thereby limiting the owner's strict liability. |
Recoverable Damages in Dog Bite Cases
Victims of dog bites often require extensive medical intervention and can suffer long-lasting consequences. The goal of a civil claim in California is to seek compensation that aims to restore the victim to the financial position they would have been in had the attack not occurred, and to compensate them for their suffering. Compensation typically covers both economic and non-economic losses.
Economic damages refer to quantifiable financial losses, which can be precisely calculated. These may include:
- Emergency room visits, hospitalization fees, and follow-up medical appointments.
- Surgeries, including reconstructive or plastic surgery for scarring and disfigurement.
- Medications such as antibiotics and pain management prescriptions.
- Lost wages and loss of earning capacity due to inability to work during recovery or long-term disability.
- Future medical care, rehabilitation, and therapy for long-term recovery.
- Damage to personal property, such as torn clothing or broken items.
Non-economic damages address the intangible, subjective costs of the injury. These are often more challenging to quantify but represent significant aspects of a victim's suffering. They may include:
- Pain and suffering, both physical and emotional.
- Emotional distress and psychological trauma, such as the development of a fear of dogs (cynophobia), Post-Traumatic Stress Disorder (PTSD), anxiety, or depression.
- Loss of enjoyment of life, impacting hobbies, activities, and overall quality of life.
- Scarring and disfigurement, particularly if visible or extensive.
Statute of Limitations in California Dog Bite Claims
Time is a critical factor in personal injury litigation in California. The statute of limitations for filing a personal injury lawsuit, including those arising from a dog bite, is generally two years from the date of the injury. This is established under California Code of Civil Procedure § 335.1. If a lawsuit is not filed within this strict timeframe, the court will likely dismiss the case, and the victim will lose the legal right to seek compensation.
While exceptions to this rule are rare, they can exist. For instance, if the victim is a minor at the time of the dog bite, the statute of limitations may be "tolled" (paused) until they reach the age of 18. However, even with such exceptions, preserving evidence and consulting with an attorney immediately after an attack is always preferable to waiting, as evidence can degrade and memories fade over time.
Immediate Steps After a Dog Attack in Torrance
Taking specific actions immediately following a dog bite can significantly influence the outcome and strength of a legal claim. Benji Personal Injury Accident Attorneys recommends the following protocol for victims in Torrance and Los Angeles County:
- Seek Immediate Medical Attention: Dog bites carry a high risk of infection, nerve damage, and other serious complications. Prompt professional medical documentation not only ensures your health but also acts as primary evidence of the injury's severity and the necessary treatment.
- Identify the Owner and Dog: If safe to do so, obtain the name, address, and contact information of the dog owner. Also, try to get a clear description of the dog and its name. If the owner is renting, inquire about landlord information, as property owners may sometimes share liability.
- Document the Scene and Injuries: Take clear photographs or videos of your injuries (at the time of the attack and during healing), the location where the attack occurred, and the dog (if it is safe to do so). Note any visible warning signs or lack thereof.
- Gather Witness Information: If anyone witnessed the attack, collect their names, phone numbers, and email addresses. Witness testimonies can be crucial.
- File Official Reports: Contact the Torrance Police Department to create an official police report of the incident. Additionally, contact the Los Angeles County Department of Animal Care and Control (DACC) to file an animal bite report. This ensures an official record of the event and initiates any necessary animal control investigations.
- Preserve Evidence: Keep any torn or bloodied clothing from the incident. Retain copies of all medical bills, discharge papers, prescription receipts, and any correspondence related to the injury.
- Avoid Discussing Fault with Insurers: Do not give recorded statements or discuss the details of the incident or your injuries with the dog owner's insurance company without first consulting with a personal injury attorney. Insurance adjusters may try to minimize your claim or obtain information that could be used against you.
Legal representation ensures that all communications with insurance adjusters are handled professionally and that the full extent of liability and recoverable damages is explored on your behalf.
By submitting this form, you agree to our Terms of Service and acknowledge our Privacy Policy. You also consent to receive calls, texts and emails from Benji Personal Injury Accident Attorneys.