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Should I report the attack? If so, where?
Yes. Dog bites should be reported as soon as medical attention is supplied.
Report this to your local animal control and/or the police department. Keep a
note of the date of the report and the name of the person that you spoke with.
What if it happened in the dog owner's yard?
A dog owner has an obligation to restrain his or her animal for public safety.
As long as you are on private property legally (or you are on public property)
the dog owner may be held responsible.
What are my priorities if attacked by a dog?
-Seek medical attention.
-Report the dog bite or attack to the proper authorities.
-Photograph the wounded area.
-Write down names and contact info for any witnesses
Why the photographs?
You may decide that you will not pursue a claim, making photographs unnecessary.
This is a much better course than missing this chance for documentation of the
effects of the dog bite.
Should I make a claim on my homeowner's insurance company?
It is not in your best interest to make a statement to any insurance
representative without calling your attorney first. Statements made to an
insurance company agent or representative may prejudice your case if you should
later decide to pursue a claim.
Do you mean that California actually has laws specifically for dog bites?
Yes. Many instances are covered under the personal injury laws of California,
but there are also specific references in the California Civil Code that refer
directly to dog bites, referred to as strict liability.
Dog Bite Statistics include:
1. Incidence of dog bit injuries treated in emergency departments. Journal of
the American Medical Association 1998 Jan; 279(1): 51-53.
http://www.biomed.lib.umn.edu/hmed/980107_dog.html
2. Preliminary Statistics Number entered: 570 Distribution: Countries
http://mastiff.org/exhibit-hall/health/mhstats.mv
3.
Dog Bite Statistics
FROM CALIFORNIA CIVIL CODE:
Liability of Dog Owner for Damages Suffered From Dog Bite
3342. (a) The owner of any 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 owner of the dog, regardless of the former
viciousness of the dog or the owner's knowledge of such viciousness. A person is
lawfully upon the private property of such owner within the meaning of this
section when he is on such property in the performance of any duty imposed upon
him by the laws of this state or by the laws or postal regulations of the United
States, or when he is on such property upon the invitation, express or implied,
of the owner. (b) Nothing in this section shall authorize the bringing of an
action pursuant to subdivision (a) against any governmental agency using a dog
in military or police work if the bite or bites occurred while the dog was
defending itself from an annoying, harassing, or provoking act, or assisting an
employee of the agency in any of the following: (1) In the apprehension or
holding of a suspect where the employee has a reasonable suspicion of the
suspect's involvement in criminal activity. (2) In the investigation of a crime
or possible crime. (3) In the execution of a warrant. (4) In the defense of a
peace officer or another person. (c) Subdivision (b) shall not apply in any case
where the victim of the bite or bites was not a party to, nor a participant in,
nor suspected to be a party to or a participant in, the act or acts that
prompted the use of the dog in the military or police work. (d) Subdivision (b)
shall apply only where a governmental agency using a dog in military or police
work has adopted a written policy on the necessary and appropriate use of a dog
for the police or military work enumerated in subdivision (b).
Duty of Owner of Biting Dog; Court Action Against Owner.
3342.5. (a) The owner of any dog that has bitten a human being shall have the
duty to take such reasonable steps as are necessary to remove any danger
presented to other persons from bites by the animal. (b) Whenever a dog has
bitten a human being on at least two separate occasions, any person, the
district attorney, or city attorney may bring an action against the owner of the
animal to determine whether conditions of the treatment or confinement of the
dog or other circumstances existing at the time of the bites have been changed
so as to remove the danger to other persons presented by the animal. This action
shall be brought in the county where a bite occurred. The court, after hearing,
may make any order it deems appropriate to prevent the recurrence of such an
incident, including, but not limited to, the removal of the animal from the area
or its destruction if necessary. (c) Whenever a dog trained to fight, attack, or
kill has bitten a human being, causing substantial physical injury, any person,
including the district attorney, or city attorney may bring an action against
the owner of the animal to determine whether conditions of the treatment or
confinement of the dog or other circumstances existing at the time of the bites
have been changed so as to remove the danger to other persons presented by the
animal. This action shall be brought in the county where a bite occurred. The
court, after hearing, may make any order it deems appropriate to prevent the
recurrence of such an incident, including, but not limited to, the removal of
the animal from the area or its destruction if necessary. (d) Nothing in this
section shall authorize the bringing of an action pursuant to subdivision (b)
based on a bite or bites inflicted upon a trespasser, or by a dog used in
military or police work if the bite or bites occurred while the dog was actually
performing in that capacity. (e) Nothing in this section shall be construed to
prevent legislation in the field of dog control by any city, county, or city and
county. (f) Nothing in this section shall be construed to affect the liability
of the owner of a dog under Section 3342 or any other provision of the law. (g)
A proceeding under this section is a limited civil case.
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