PERSONAL INJURY

Dog Bites

Dog attacks represent some of the most gruesome personal injuries that are suffered, particularly where a child is involved (as is often the case). 

California has a strict liability dog bite statute that states that the owner of a dog is liable for damages inflicted by his/her dog if it bites a person who is either 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.  The dog owner is liable regardless of whether the dog had ever been vicious before and regardless of whether the owner had reason to believe it would behave in a vicious manner.  The dog does not get “one free bite.” 

If a stray bites you, you have little legal recourse because you must file your claim against a dog’s owner or keeper.  Your municipality is not responsible for the dog, even if you have called the animal warden several times to pick up the stray.

Of all bites that occur, children are often the victims.  Children are often bitten on the face, and any bite can cause severe injury or infection.  A child's small size may cause a dog to act in a dominant way.  Many children’s lack of judgment and ignorance about how to behave around a dog and their inability to fend off an attack can add to the risk.  It is very important that parents closely supervise children when around dogs.  You can reduce the chances of children in your care being bitten or injured by a dog if you teach them some basic safety tips:

• Never approach an unfamiliar dog.
• Never run from a dog and scream.
• Stay still when an unfamiliar dog comes up to you (“be still like a tree”).
• If knocked over by a dog, roll into a ball and lie still (“be like a log”).
• Do not look a dog in the eye.
• Do not disturb a dog that is sleeping, eating, or caring for puppies.
• Do not pet a dog without letting it see and sniff you first.
• Never play with a dog unless supervised by an adult.
• Never leave an infant or child alone with any dog.
• Teach your dog submissive behaviors, like rolling over to show its stomach.
• Do not play aggressive games with your dog, such as wrestling.
• Seek medical care for any serious dog bite and report all dog attacks.
• Support animal-control programs in your community and the enforcement of local laws regulating dangerous or vicious dogs.
• Support dog bite prevention educational programs in schools.
• Get the advice of a veterinarian about the right breed of dog if you are thinking about getting a family dog.
• Spay or neuter your dog.  This often reduces its aggressive tendencies.
• Be sure all pets are properly immunized.
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Serving the greater San Francisco Bay Area including, but not limited to, San Francisco, Oakland, Marin, Napa, Walnut Creek, Concord, Sacramento and the counties of Solano, San Joaquin, Stanislaus, and Yolo.