The Controlling Statute
Dog bites in and around Long Beach are addressed by California Civil Code section 3342(a). It states that: "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 laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner." Strict Liability and Negligence Given the language of section 3342(a), the victim of a dog attack need not even allege wrongdoing by the owner of the dog, even when the dog has no previous history of aggression. That makes section 3342(a) a strict liability statute. The claimant need only show the following:- The defendant owned the dog at issue.
- That the attack occurred on public property or when the claimant was legally on private property.
- The claimant was injured by an actual bite by the dog at issue.
Common Dog Bite Injuries
Dog attacks and bites can lead to very serious injuries. About 30 people per year die from the injuries in dog attacks. Here are some common injuries that aren't fatal:- Punctures: These can be deep and go beyond the skin layers. The depth makes the bites more susceptible to becoming infected. Anybody with one or more puncture wounds from a dog bite should visit an emergency room for care and treatment.
- Infection: A dog's mouth might have 40 different kinds of bacteria. If you suffer from pain, redness, swelling puffiness, pus or heat, see a qualified medical professional right away.
- Scarring: Permanent scarring can occur from bites, especially with children. Severe scarring can diminish a victim's quality of life. One or more reconstructive surgeries might be the only alternative.
- Nerve and Muscle Damage: Deep bites can cause serious irreparable damage to nerves and muscles. Bones can even be crushed from dog bites.
Defenses
There are a variety of defenses to any California dog bite case. Here are a few of them.- Provocation: A person might intentionally tease a dog like kicking it or poking it with an object. This defense doesn't apply if the bite victim was a child under the age of five.
- Trespassing: If the attack by the dog occurs on private property, the victim must be able to show that he or she was legally on the property, an example of a special instance is when a dog bites a postal worker or a dog attacks against a USPS. There is no protection under section 1344(a) for trespassers.
- Police or Military Dogs: When these dogs are working, their owners can't be held liable for an attack.
- Other Injuries: Section 1344(a) requires an injury to be caused by a bite. An owner isn't strictly liable for any other cause of an injury, like a dog jumping up on a person and knocking him or her down.
