Dog Bite

If you have been bitten by a dog in the State of California, the owner of the dog is liable for your injuries. This holds true even if the dog has not bitten before, has not shown prior viciousness, or is not known to the owner to be vicious.

This law applies whether the dog bites someone on public property, on private property by invitation of the owner (whether the invitation is expressed or implied), or by performing a government job (such as a postal worker).

This law does not apply to working dogs in military or police work if the dog is defending itself from an "annoying, harassing or provoking act," or helping the government agency to:

• Apprehend or hold someone suspected of criminal activity
• Investigate a crime or possible crime
• Execute a warrant
• Defend a peace officer or someone else

The California law is based upon Davis v. Glaschler (1992) 11 Cal. App. 4th 1392, 1399. The law "places a strict burden on those who choose to have dogs."

Types of Dogs Known to Attack

A compilation of the breeds most responsible for seriously injuring or killing people was produced by Merritt Clifton, editor of Animal People. He based his data on accounts published in the U.S. and Canadian press between 1982 and 2010. According to the compilation, attacks by pit bulls and their closest relatives far outnumbered attacks by any other breed.

Unlike most other breeds, pit bulls attack adults almost as often as they attack children. Pit bull numbers compiled by the author show that between 1982 and 2010 in the U.S. and Canada:

• 1552 animals caused bodily harm
• 691 victims were children
• 529 victims were adults
• 166 persons died
• 859 people were maimed

Other dogs on the list for dog attacks were:

• Bullmastiff
• Chow
• Doberman
• German Shepherd
• German Shepherd mix
• Husky
• Pit bull mix
• Rottweiler
• Wolf hybrid

Serious Injuries from Dog Bites

Dog bite injuries can damage the skin, injure underlying tissue such as tendons, bones and muscles and/or cause infection. In some cases, dog bites can leave disfiguring scars, especially if they are on the face.

Most dogs, except for pit bulls, bite children more often than adults for a number of reasons. And, when they do bite children, bites in the face are common and can be most injurious. Children are more accessible to the dog's attack. Children may not understand their play can annoy a dog. In addition, children haven't yet learned to read warning signs a dog exhibits when it is irritated.

Treatments for Dog Bites

Treatment for a dog bite depends upon the degree of injury. It is easy to see when the skin is damaged or broken. If that is the only injury, it is important to watch for infection. Signs of infection include:

• Drainage of pus or fluid
• Pain
• Redness
• Swelling
• Warmth

Dog bites bring bacteria deep into the tissues, so there is serious potential for infection. Most dog bites do get infected. Bacteria that commonly cause these infections are Streptococcus, Staphylococcus and Pasteurelia.

Of more concern than broken skin is damage to underlying tissues. Sometimes a damaged tendon that is not or cannot be treated can cause permanent impairment. A visit to the doctor can determine if muscle, tendon, nerve, or bone have been damaged.

Rabies should always be considered and it is important to know if a dog that has bitten has been immunized. If not, the dog bite victim might need to be treated for rabies.

Contact a San Diego Personal Injury Lawyer

If you or your child has been bitten by a dog, it is important to get in touch with a San Diego personal injury attorney. The dog owner is legally liable for the dog bite according to California law. To find out more about your rights, contact The Law Office of Melinda J. Helbock today.