WHAT EVERY DOG OWNER MUST KNOW ABOUT OWNING A DOG IN LOS ANGELES WHO BITES ANOTHER DOG OR HUMAN
“When the dog bites!” sounds like a song from the Sound of Music, and it is. But as a Los Angeles dog bite lawyer, I can tell you that it’s not all raindrops and roses when dogs bite another dog or a human.
Los Angeles County is so congested. It is a huge, sprawling metropolis with more people arriving every day. So many people have dogs. It seems I am always running into other people walking their dogs on the street whenever I am walking mine. My dog does not like every dog she meets, and not every dog likes her. I am very careful to always have her on a short leash when we encounter other dogs, but often I find that other owners are not as careful as I am. I have been bitten and my dogs have been bitten. I still adore dogs, but between my own experience and because I have represented clients in several dog bite cases, I am acutely aware of the risks of dog ownership – how even the cutest dog can get into trouble just by being a dog.
With the increased congestion of humans and animals in our city, it has never been more important for dog owners to be aware of the liability that comes with owning a dog who bites another dog or human. One common misconception people have is that their dog can only be responsible for biting another dog or human if they have bitten before. This is not the law in California. Your dog does not have to have bitten someone once before in California before you can be financially responsible for a bite. California is considered a “strict liability” state when it comes to bites.
Another popular misconception: “I am not responAlso, in California, even if you are “babysitting” someone else’s dog, you can still be responsible if you negligently handle the dog, for example by failing to have that dog on a leash when it attacks.
Medical bills (both past and future) for treatment including SCAR REVISION surgery in some cases which is very expensive.
Pain and suffering (often measured by the amount of therapy bills a dog bite victim incurs).
Loss of enjoyment of life.
Lifetime care costs.
In some cases, the victim might also be entitled to punitive damages. These are allowed only when the dog owner engaged in particularly egregious conduct. One example might be if the dog owner deliberately set the dog to attack the dog bite victim.
If your dog is bitten, you can also recover damages for the medical expenses. In some extreme cases, a victim might also be entitled to punitive damages over and above your medical specials and compensatory damages.
There are over 78.2 million dogs in the United States, and approximately 4.5 million people in the US get bitten by dogs every year. Here are some very frightening dog attack statistics from 2012:
– 38 U.S. fatal dog attacks occurred in 2012, with pit bulls contributed to 61% (23) of these deaths. Rottweilers are the second most lethal dog breed and accounted for 68% of all fatal attacks in 2012. (Pit bulls make up less than 5% of the total U.S. dog population.)
– From 2005 to 2012, pit bulls killed 151 Americans, about one citizen every 19 days, versus rottweilers, which killed 32, about one citizen every 91 days.
– Annual data from 2012 shows that 50% of the victims were adults, 21-years and older, and the other half were children, ages 8-years and younger. Of the total children killed by dogs in 2012, 79% were ages 2-years and younger.
– In 2012, roughly one-third, 32% of all dog bite fatality victims were either visiting or living temporarily with the dog’s owner when the fatal attack occurred. Children 8-years and younger accounted for 75% of these deaths.
– Dog ownership information for 2012 shows that family dogs comprised 58% of all fatal occurrences; 82% of all incidents occurred on the dog owner’s property and 18% resulted in criminal charges.
– California and North Carolina led fatalities in 2012, each with 4 deaths. 75% of the California deaths occurred in San Diego County. Pit bull-type dogs accounted for 88% (7) of the 8 deaths. New Mexico, Ohio and Texas followed, each with 3 deaths.
In addition to being a dog lover, Los Angeles Lawyer Jennifer Gardner is a civil and criminal defense attorney and dog bite lawyer. If you or someone you know has been bitten or have a dog who has bit someone, contact her here to schedule a complimentary consultation or call 310-694-9855.
Photo: Ulrike May /Pixaby