Dog Bites Whittier
Personal Injury Lawyers Near Whittier For Dog Bites
Written by Daniel Benji, Esq. head attorney of Benji Personal Injury Accident Attorneys A.P.C.
Residents of Whittier enjoy access to various public parks and walking trails where dog ownership is common. While most interactions with animals are safe, dog bites occur and can result in significant physical injury and financial loss. Understanding the legal framework surrounding dog bites in Los Angeles County is essential for anyone involved in such an incident. Benji Personal Injury Accident Attorneys provides legal guidance to victims seeking compensation for injuries caused by canine attacks.
California Strict Liability Statute
California operates under a strict liability standard for dog bites. Civil Code § 3342 states that a dog owner is liable for damages if their dog bites a person who is in a public place or lawfully in a private place. This statute applies regardless of whether the dog has previously shown aggression. The owner is responsible for the injury even if they had no prior knowledge of the animal's viciousness.
This differs from the "one-bite rule" found in other jurisdictions, which often shields owners from liability for a first-time offense. In California, the history of the animal does not absolve the owner of responsibility for a bite injury. If a bite breaks the skin, the owner is generally liable for the resulting medical costs and other damages.
Whittier and Los Angeles County Leash Laws
Whittier adheres to Los Angeles County animal control regulations regarding the restraint of dogs. Los Angeles County Municipal Code 10.32.010 mandates that dogs in public areas must be restrained by a substantial chain or leash. This leash must not exceed six feet in length and must be in the hands of a competent person capable of controlling the animal.
A violation of this local ordinance can strengthen a personal injury claim. When a dog owner fails to adhere to leash laws, that failure can constitute negligence per se. This concept establishes that the owner failed to exercise reasonable care by violating a safety law. While Civil Code § 3342 covers bites strictly, negligence claims are necessary for injuries not caused by a bite, such as being knocked over by an unleashed dog.
Steps to Take Following a Dog Bite
Taking specific actions immediately after an incident helps protect health and preserves evidence for a potential legal claim. Recommended steps include:
- Seek Medical Attention: Dog bites carry a high risk of infection. Professional medical treatment documents the severity of the injury.
- Identify the Dog and Owner: Obtain the name, address, and contact information of the dog owner.
- Gather Evidence: Take photographs of the injuries and the location where the attack occurred. Collect contact information from any witnesses.
- Report the Incident: Contact the Los Angeles County Department of Animal Care and Control (DACC) or Whittier Animal Control, and the local police department. An official report creates a government record of the event.
Reporting and Quarantine Requirements
Reporting a bite is a legal requirement in Los Angeles County. When a dog bites a person and breaks the skin, the animal must undergo a mandatory quarantine period. This period lasts for 10 days. The purpose is to observe the animal for signs of rabies. If the dog has a current rabies vaccination, Animal Control may allow the quarantine to take place at the owner's home. If the animal is unvaccinated or a stray, it may be held at a county facility.
Recoverable Damages in Dog Bite Cases
Victims of dog bites often incur various costs. Benji Personal Injury Accident Attorneys reviews cases to identify all applicable damages. Compensation in these cases falls into two primary categories: economic and non-economic damages.
| Damage Type | Description |
|---|---|
| Medical Expenses | Costs for emergency room visits, surgeries, hospitalization, medication, and physical therapy. |
| Future Medical Care | Estimated costs for reconstructive surgery (often required for scarring) or long-term rehabilitation. |
| Lost Wages | Income lost due to time off work for recovery and medical appointments. |
| Pain and Suffering | Compensation for physical pain, emotional distress, and psychological trauma such as cynophobia (fear of dogs). |
| Property Damage | Reimbursement for clothing, glasses, or other personal items damaged during the attack. |
Defenses and Exceptions to Liability
While California law favors the victim in bite cases, specific exceptions exist where an owner may contest liability. Understanding these defenses is necessary for evaluating the strength of a case.
Trespassing
Strict liability under Civil Code § 3342 applies only when the victim is lawfully on the property. If a person is trespassing on private property at the time of the bite, the owner may not be held liable under this statute.
Provocation
If the victim provoked the dog, a court may reduce or eliminate the owner's liability. Provocation can include teasing, hitting, or tormenting the animal. The determination of what constitutes provocation often depends on the specific facts of the interaction.
Government Work Dogs
Exceptions apply to dogs used by government agencies for military or police work. If a bite occurs while a dog is assisting a peace officer or defending itself against provocation during official duties, strict liability typically does not apply.
Statute of Limitations
California enforces a strict timeline for filing personal injury lawsuits. The statute of limitations for dog bite cases is generally two years from the date of the injury. Failing to file a claim within this window usually results in the loss of the right to seek compensation. Prompt legal consultation ensures that all filings occur within the statutory deadlines.
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