Los Angeles Injury Lawyer Blog

An 8-year old child in San Bernardino suffered severe injuries to the face and thigh when a dog attacked and bit him in January 2008. The boy’s injuries required surgery, and he will be permanently scarred and have loss of skin pigmentation as a result of the attack. The boy was attacked while running away after they allegedly heard the owner order the attack. The dog’s owner, a teenager from Fontana, will stand trial for charges of assault with a deadly weapon.

Dogs bite approximately 4.7 million people annually according to a survey by the National Center for Disease Control and Prevention. Of those injured victims, around 800,000 require medical attention. In addition to cuts, abrasions, and bruises, the strong jaws of a dog can also cause broken bones as well. Severe injuries can cause lasting and permanent scarring, and in some rare cases, death.

California imposes a strict liability rule with its “Dog Bite” statute. According to section 3342(a) of California’s Civil Code, a dog owner is responsible for any damages suffered by someone who has been bitten by the owner’s dog. While the rule limits the ability to recover to attacks that occur on public property or where the victim is lawfully in a private area, the statute is written to provide the most protection to the victim of a canine attack. A person is lawfully on private party if invited by the owner or when performing a legal duty (such as a postman or fireman).

California’s statute only covers dog attacks that involve the animal actually biting another person. If a person is injured by a dog absent a bite, the “dog bite” statute does not apply. However, this individual may still recover under other common law causes of action such as negligence. Also, when defining “bite,” a California Appellate Court found that broken skin or a visible wound from the dog’s teeth were not required to find liability. In that case, the court found the owner responsible when his dog bit at the victim’s leg and its teeth closed around the victim’s pants leg, causing him to fall off a ladder.

Dog Safety Tips

• Refrain from interacting with unfamiliar dogs, particularly when the owner is not present


• If you feel threatened by a dog, refrain from making sudden movements or running away. Stay still and back away slowly


• If a dog knocks you over, curl up, lie still and cover your face


• Leave dogs alone that are eating, sleeping, or caring for their puppies. Any interaction may make the dog feel threatened and cause it to become defense.

If you or a loved one has been a victim of a dog bite, you should talk to a lawyer immediately. Each situation is different and you will need legal advice on whether or not you have a claim. If you are located in California, please call us now at the Law Offices of Greenberg & Rudman LLP for a free consulation at 1800-ALAWPRO (1-800-252-9776).