Dog Bites

What is Dog Bite Law?

Dog bite law addresses situations where a person is injured as a result of a dog bite or attack. It involves determining liability, which can be based on the dog owner’s negligence, strict liability laws, or the behavior of the dog itself. Victims of dog bites often suffer from physical injuries, emotional distress, and even long-term psychological trauma. In severe cases, dog attacks can lead to disfigurement, permanent disability, or death.

In dog bite cases, the law varies by state, but typically, it involves personal injury claims where the victim seeks compensation for medical costs, lost wages, pain and suffering, and other damages.

Types of Dog Bite Cases

Bite-Related Injuries

• The most common form of injury in dog bite cases are bites that break the skin and cause puncture wounds, bruising, or lacerations. These injuries can lead to infection, scarring, or long-term damage.
• Example: A person is walking in their neighborhood when a dog runs up to them and bites their leg, causing puncture wounds that require stitches.

Severe Injuries and Disfigurement

• Some dog bites are severe and result in significant injuries, such as torn flesh, nerve damage, or deep lacerations. In cases of severe disfigurement or permanent disability, victims may require reconstructive surgery or ongoing medical treatment.
• Example: A child is attacked by a dog while playing in a park, resulting in severe facial injuries that require multiple surgeries and leave permanent scarring.

Infection from Dog Bites

• Bacteria from a dog’s mouth can lead to infections, such as capnocytophaga or tetanus, if not treated promptly. In some cases, infections from dog bites can lead to more serious complications, including sepsis or other life-threatening conditions.
• Example: After being bitten, a victim develops an infection in the wound, requiring antibiotics and extended hospitalization.

Psychological Trauma

• Dog bite victims, particularly children, may experience significant psychological trauma, such as post-traumatic stress disorder (PTSD), anxiety, or fear of dogs. Emotional distress from the attack can have lasting effects on the victim’s life.
• Example: After a traumatic dog bite attack, a person develops a deep fear of dogs, leading to anxiety and phobias that affect their quality of life.

Fatal Dog Attacks

• While rare, some dog attacks are fatal, particularly when they involve larger or more aggressive breeds. In cases where a victim dies from a dog attack, their family members may file a wrongful death claim.
• Example: A woman is attacked by a pit bull and suffers fatal injuries, leading to a wrongful death lawsuit by her family.

Legal Considerations in Dog Bite Cases

Dog bite cases often involve multiple factors, including the behavior of the dog, the circumstances of the attack, and the responsibility of the dog’s owner. Legal liability may vary based on state laws and whether the dog had a history of aggression.

Strict Liability

• In many states, dog owners are strictly liable for injuries caused by their dog’s bite, even if the dog had no prior history of aggression or dangerous behavior. This means the owner is liable for the victim’s injuries regardless of whether they were negligent in controlling the dog.
• Example: In a strict liability state, if a dog bites a person without provocation, the owner is automatically responsible for any medical costs, pain and suffering, and other damages, regardless of whether they knew the dog was dangerous.

One-Bite Rule

• Some states follow the one-bite rule, which means that a dog owner is only held liable if they knew or should have known that their dog had dangerous tendencies. The first bite may not result in liability, but subsequent attacks or evidence of prior aggression can establish the owner’s liability.
• Example: If a dog previously bit someone, the owner may be held liable for subsequent attacks based on the knowledge that the dog had a history of aggression.

Negligence Claims

• In many dog bite cases, a victim may pursue a negligence claim against the dog owner. This typically involves proving that the owner failed to take reasonable steps to control or restrain their dog, leading to the injury.
• Example: A dog owner fails to properly secure their dog behind a fence, and the dog escapes, bites a neighbor, and causes injury. The owner may be held negligent for failing to properly contain the dog.

Trespassing

• If the victim was on the dog owner’s property without permission (trespassing), the owner may not be liable for the injury, depending on the circumstances. However, in some cases, the dog owner can still be held accountable if the dog was known to be dangerous.
• Example: A person enters a yard with a “Beware of Dog” sign and is bitten. The owner may have a defense based on trespassing, but liability may still arise if the dog had previously bitten others.

Assumption of Risk

• In some cases, the defendant may argue assumption of risk, meaning the victim voluntarily put themselves in a position where they knew the dog could bite or attack (such as attempting to pet a dog that was clearly agitated or aggressive).
• Example: A person approaches a dog that is growling and barking aggressively and is bitten. The defense may claim the victim assumed the risk by approaching the dog.

Steps to Take After a Dog Bite

If you or someone you know has been bitten by a dog, taking the right steps can help ensure that the legal process is handled correctly and that the victim’s rights are protected.

Seek Medical Attention

• The first priority after a dog bite is to get medical treatment. Even minor dog bites should be examined to avoid infection. If the bite is severe, prompt care can prevent serious complications, such as tetanus or rabies.
• Example: A person who has been bitten should clean the wound, apply antiseptic, and see a doctor to determine if further treatment, such as rabies shots, is necessary.

Document the Injury

• Take photographs of the bite and surrounding area, as well as any visible wounds. Collect the contact information of the dog owner, witnesses, and others who were present at the scene. Documentation is essential for proving the severity of the injury.
• Example: Photograph the dog bite and the victim’s injuries from different angles, and note the date and time of the attack.

Report the Incident

• Notify local animal control or law enforcement about the dog attack. This report helps establish an official record of the incident, and local authorities may need to investigate the dog’s history or check if the dog has rabies.
• Example: A person who has been bitten should report the incident to local animal control to investigate whether the dog has a history of aggression or has been vaccinated.

Identify the Dog’s Owner

• Knowing the identity of the dog’s owner is crucial for pursuing a claim for damages. If the owner is unknown, you may face difficulty in seeking compensation.
• Example: If a dog is loose and attacks someone, it is essential to find out who owns the dog to pursue liability for the attack.

Consult with a Personal Injury Attorney

• Consulting with an experienced attorney can help determine whether you have a valid claim, guide you through the legal process, and advocate on your behalf to secure compensation. A lawyer can help you understand your legal rights and work with you to build a strong case.
• Example: An attorney can help assess the extent of your injuries and determine whether the dog owner is liable for your medical bills, pain and suffering, and other damages.

Compensation Available in Dog Bite Cases

Medical Expenses

• Victims of dog bites may be entitled to compensation for medical expenses related to the injury, including doctor’s visits, hospital stays, surgery, and ongoing treatment.
• Example: A person who requires multiple surgeries after a dog bite may be able to recover the cost of those surgeries, as well as future medical care.

Pain and Suffering

• Pain and suffering damages compensate victims for the physical pain and emotional distress caused by the dog attack. This includes both short-term and long-term suffering.
• Example: A person who suffers severe pain and emotional trauma from a dog bite may be entitled to pain and suffering damages in addition to medical costs.

Lost Wages

• If the dog bite causes the victim to miss work or leads to long-term disability, they may be entitled to recover lost wages or future earnings.
• Example: If a person is unable to work for several weeks or months due to the severity of their injuries, they may be entitled to compensation for their lost income.

Emotional Distress

• Victims, especially children, may suffer from anxiety, PTSD, or other emotional distress as a result of the dog attack. These psychological injuries can also be compensated in a personal injury claim.
• Example: A child who develops a fear of dogs after an attack may be entitled to compensation for the emotional distress caused by the incident.

Punitive Damages

• In some cases, when the dog owner’s actions were particularly reckless or malicious (such as knowing the dog was dangerous and not taking precautions), the court may award punitive damages to punish the defendant and deter similar conduct.
• Example: A dog owner who encourages their aggressive dog to attack others may be subject to punitive damages.

Relevant Legal Articles and Statutes

• California Civil Code § 3342 – Dog Bite Statute (Strict Liability)
• Local Animal Control Laws – Varies by jurisdiction, regulating dog behavior and bites
• State-Specific Dog Bite Laws – Varies by state, including one-bite rules or strict liability laws
• Restatement (Second) of Torts – Negligence and strict liability principles

Sun: Closed

Mon: 9:00 AM – 5:00 PM

Tues: 9:00 AM – 5:00 PM

Wed: 9:00 AM – 5:00 PM

Thurs: 9:00 AM – 5:00 PM

Fri: 9:00 AM – 5:00 PM

Sat: Closed