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In California, dog bite laws are quite clear and are designed to protect both the victim of the bite and the rights of the dog owner under certain circumstances. If you’re bitten by a dog in a public place like a park, here’s what you need to know about the laws and steps you can take after such incidents to pay for medical bills or other expenses that arise after the bite.
Dog Bite Laws in California
California’s dog bite laws are primarily outlined in California Civil Code Section 3342 and is divided into 4 “sub-divisions” that state that the owner of any dog is liable for 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 dog owner.
This means that if you’re bitten by a dog at a park in California, the dog’s owner could be liable for your injuries. This law applies regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.
However, there are exceptions to this rule. For instance, the owner might not be liable if the victim was trespassing, provoking the dog, or assuming the risk of getting bitten by engaging in work with dogs.
Here is the full text of the law from http://publichealth.lacounty.gov/vet/procs/civildog.htm:
Liability of Dog Owner for Damages Suffered From Dog Bite
3342
- 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.
- 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:
- In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect’s involvement in criminal activity.
- In the investigation of a crime or possible crime.
- In the execution of a warrant.
- In the defense of a peace officer or another person.
- 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.
- 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).
What to Do If You Are Bitten by a Dog at a Park
If you are bitten by a dog at a park, taking immediate and appropriate steps can be crucial for your health, safety, and any subsequent legal action you may wish to take. Here’s a detailed guide on what to do:
- Ensure Your Safety
- Move away from the dog calmly to prevent further attacks.
- Do not attempt to retaliate against the dog as this may provoke further aggression.
- Assess the Injury
- Check the severity of the bite. Dog bites can range from minor scratches to severe puncture wounds.
- If the bite is minor, clean the wound with soap and water. Apply an antiseptic and cover with a sterile bandage.
- For severe wounds, apply pressure with a clean, dry cloth to stop or slow the bleeding and seek medical attention immediately.
- Seek Medical Attention
- Visit a healthcare provider for a professional assessment, even if the injury seems minor. You may need tetanus shots, rabies shots, antibiotics, or further medical intervention.
- Follow all medical advice and treatment plans.
- Consult with a Legal Professional
- Consider consulting with a personal injury attorney experienced in dog bite cases, especially if you face significant medical bills, have suffered considerable pain, or have experienced a loss of income.
- An attorney can advise you on your rights and potential compensation under California law.
- Identify the Dog and Its Owner
- Safely try to identify the dog that bit you and its owner. Collect the owner’s contact information, if possible.
- Ask the owner for proof of the dog’s rabies vaccination. If the dog isn’t vaccinated, you may need rabies shots.
- Report the Incident
- Contact local animal control or the police to report the bite. Reporting is crucial for a formal record and may help prevent future incidents.
- Provide a detailed account of the incident, including the location, description of the dog, and any identifiable information about the owner.
- Document Everything
- Take photos of your injuries, the location where the incident occurred, and the dog (if it can be done safely).
- Keep a detailed record of your medical treatments, expenses, and any lost wages due to the incident.
- If there were any witnesses, collect their contact information for potential statements.
- Follow Up
- Follow up on your medical treatment as advised by healthcare providers.
- Keep track of any communication with the dog’s owner, animal control, or the police.
- Preventive Measures for the Future
- Learn more about dog behavior and body language to avoid potential bites in the future.
- Be cautious around unknown dogs, especially in areas where dogs are off-leash.
- Educate children on how to safely interact with dogs.
Being bitten by a dog can be a traumatic experience, but taking the right steps afterward can help ensure your health and legal rights are protected. Remember to act promptly and seek professional advice when necessary.
Preventing Dog Bites at the Park
Avoiding dog bites, especially in environments like parks where dogs often roam freely or are walked by their owners, requires a proactive approach focused on awareness, respect for animals’ boundaries, and precautionary measures. Here’s a detailed guide on how to avoid dog bites at the park:
- Understand Dog Behavior and Body Language
- Learn to recognize signs of aggression (growling, baring teeth, stiff posture, raised fur) and fear (flattened ears, tail between legs, avoidance behaviors) in dogs. These can precede a bite.
- Understand that even friendly and calm dogs can bite if they feel threatened or scared.
- Understanding a dog’s body language can help you gauge its mood and intentions, allowing you to avoid interactions with dogs that show signs of discomfort or aggression.
- Respect Dogs’ Space
- Do not approach unfamiliar dogs without permission from their owner. Always let a dog see and sniff you first.
- Avoid running or cycling close to dogs, as these actions can trigger their chase instinct or startle them.
- Be cautious around dogs that are eating, sleeping, or caring for puppies, as they may be more prone to bite in these situations.
- Supervise Children
- Teach children never to approach unknown dogs without adult supervision.
- Educate them on the importance of not touching dogs without the owner’s permission and show them how to gently interact with dogs.
- Always supervise interactions between children and dogs, even with familiar pets, to prevent bites.
- Avoid Risky Situations
- Be cautious in parks during peak times when many dogs are likely to be present and possibly more excited or agitated.
- If you notice a dog showing signs of aggression or discomfort, keep a safe distance and alert the owner if possible.
- Do not intervene in dog fights or try to separate dogs that are fighting.
- Do Not Run or Scream
- If an unfamiliar dog approaches you, resist the urge to run or scream, as this may provoke the dog to chase or attack.
- Stand still, avoid eye contact, and keep your hands by your sides to appear less threatening.
- Once the dog loses interest, slowly back away until it is safe to turn and leave.
- Use Body Language Wisely
- If a dog appears to be threatening you, maintain a side-on stance to appear less threatening. Avoid direct eye contact.
- Speak calmly and firmly to assert your presence without provoking the dog.
- If a dog attacks, try to put an object between you and the dog until you can retreat to safety.
- Always Ask for Permission Before Approaching a Dog
- Never assume all dogs are friendly. Always ask the owner’s permission before petting or approaching a dog. Some dogs may not be comfortable with strangers.
- If the owner is not around, it’s safest to not approach the dog at all.
- Do Not Approach Unattended Dogs
- If you see a dog without an owner nearby, do not approach it. An unattended dog may be lost, scared, or protective, increasing the risk of aggression.
- If you see a dog without an owner nearby, do not approach it. An unattended dog may be lost, scared, or protective, increasing the risk of aggression.
- Avoid Disturbing Dogs That Are Eating, Sleeping, or Caring for Puppies
- Dogs can be particularly protective or startled when they are eating, sleeping, or caring for their puppies. Disturbing them during these times increases the risk of a bite.
- Dogs can be particularly protective or startled when they are eating, sleeping, or caring for their puppies. Disturbing them during these times increases the risk of a bite.
- Do Not Run or Cycle Fast Past Dogs
- Dogs have a natural instinct to chase. If you run or cycle past a dog quickly, it may trigger their chase instinct, leading to a possible bite.
- Dogs have a natural instinct to chase. If you run or cycle past a dog quickly, it may trigger their chase instinct, leading to a possible bite.
- Keep Your Own Dog on a Leash in Unfenced Areas
- Keeping your dog on a leash helps prevent unexpected encounters with other dogs or people that could lead to aggressive behavior.
- Keeping your dog on a leash helps prevent unexpected encounters with other dogs or people that could lead to aggressive behavior.
- Report Aggressive Dogs
- If you notice a dog repeatedly displaying aggressive behavior at the park, report it to animal control. This can help prevent future incidents and ensure the safety of others.
While California’s dog bite laws provide a clear path to compensation for victims, preventing dog bites in the first place is crucial for everyone’s safety. By taking preventive measures and understanding your legal rights, you can enjoy your time at the park with minimal risk.
Call a California Dog Bite Lawyer
Wrapping up our exploration of what to do if you’re bitten by a dog at a park, it’s crucial to remember that while taking preventive steps is essential, knowing your legal rights and options for recourse if an incident occurs is equally important. Dog bites can have serious physical, emotional, and financial impacts, and navigating the aftermath of such an incident can be overwhelming.
If you or a loved one has been the victim of a dog bite, you don’t have to face the consequences alone. The J&Y Law Firm in Los Angeles, CA, is well-versed in the complexities of dog bite laws and is committed to ensuring victims receive the compensation and justice they deserve. By offering a free consultation, they provide an opportunity to understand your case without any upfront cost. Furthermore, their no-win, no-fee promise means that you won’t have to pay anything unless they secure a victory on your behalf.
Remember, with J&Y Law Firm, you’re in good hands. Their experience, empathy, and dedication to their clients’ well-being make them a trusted ally in your corner. Don’t hesitate to reach out to them at 323-986-4045 to discuss your situation and explore your legal options. Taking this step can be a critical part of your recovery journey, ensuring you’re supported and protected every step of the way.