Dog bites can lead to serious injuries, including infections, scarring, and emotional distress. At Kashou Law, we understand the physical and emotional trauma that can result from a dog bite incident. Our firm is dedicated to providing personalized legal representation to victims of dog bites and attacks in San Diego and throughout the state of California. Attorney Justin S. Kashou brings extensive experience and a client-centered approach to each case. Trust Kashou Law to handle your dog bite case with the utmost care and professionalism, ensuring that your rights are protected and that you achieve the justice and compensation you deserve. Contact our San Diego injury lawyer today to discuss your case and learn how we can help you move forward.
Strict Liability for San Diego Dog Bite Claims
In San Diego, a dog owner is strictly responsible for any damages caused by their dog biting someone in a public place or lawfully in a private place, including the owner’s property. The laws are governed by California Civil Code Section § 3342:
“§3342. (a) 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. (b) 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: (1) In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect’s involvement in criminal activity. (2) In the investigation of a crime or possible crime. (3) In the execution of a warrant. (4) In the defense of a peace officer or another person.”
Unlike some other states that follow a “one-bite rule” (where an owner may not be liable if the dog has never bitten anyone before), California’s law does not require proof that the owner knew the dog had a propensity to bite. The owner is automatically liable if their dog bites someone. The statute covers bites that occur in public places or when the victim is lawfully in a private place. This includes situations where the victim is on the dog owner’s property with permission, such as a guest, postal worker, or maintenance personnel. There are a few exceptions to this rule, such as if the victim was trespassing or provoking the dog at the time of the bite.
Who Typically is Sued and Pays for a San Diego Dog Bite Claim?
Under strict liability, the owner is usually responsible for covering the costs of a San Diego dog bite. Some other parties may be eligible to pursue compensation from under certain scenarios. For example, an owner may have homeowner’s or renter’s insurance policies that cover dog bite liability. Coverage may dictate the amount and the priority for which the insurance company plays a role in payment. Similarly, but less common, the owner of the dog bite may be a tenant renting from a landlord. In that situation, the landlord or landlord’s insurer might be a party to pay for the injury. Miscellaneous third-party caretakers might be applicable to pay for a claim, including pet sitters or dog walkers.
Leash Laws in San Diego Dog Bite Claims
San Diego has specific leash laws designed to ensure public safety and prevent incidents involving dogs. According to San Diego County Code §62.669:
“SEC. 62.669. RESTRAINT OF DOGS REQUIRED. (a) A dog’s owner or custodian or a person who has control of a dog shall prevent the dog from being at large, except as provided in subsections (b) and (d) below. (b) A dog’s owner or custodian who has direct and effective voice control over a dog to ensure that it does not violate any law, may allow a dog to be unrestrained by a leash while a dog is assisting an owner or custodian who is: (1) Legally hunting. (2) Legally herding livestock. (3) On public property with the written permission of and for the purposes authorized by the agency responsible for regulating the use of the property. (c) A dog’s owner or custodian or a person having control of a dog that is lawfully on private property shall keep the dog: (1) leashed or tethered as allowed under Health and Safety Code section 122335, (2) under direct and effective control by voice or electronic pet containment system or (3) in a building or enclosure that is adequate to ensure the physical confinement of the dog and that also meets humane standards. An animal is not considered leashed if the leash is not in the hand of a person capable of controlling the animal or if the person is not actually controlling the animal attached to the leash. (d) This section shall not apply to a dog assisting or training to assist a law enforcement officer in the course and scope of the officer’s duties.”
What this law states is that dogs must be restrained by a leash not exceeding six feet in length when in public spaces. This law applies to parks, streets, and any public areas not specifically designated as off-leash zones. San Diego provides specific areas where dogs are allowed to be off-leash under certain conditions. These areas are usually marked and provide a safe environment for dogs to roam freely. Non-compliance with leash laws can significantly impact a dog owner’s liability in the event of a dog bite or attack. If a dog bite occurs while the dog is off-leash in a non-designated area, the owner may be found negligent and held liable for the victim’s injuries. This can lead to higher compensation claims for medical expenses, pain and suffering, and other damages.
Types of Injuries in San Diego Dog Bite Claims
Dog bites can lead to a handful of injuries, ranging from minor to severe. Some common San Diego dog bite injuries we see include:
- Puncture Wounds: Caused by the teeth of a dog penetrating a victim’s skin which can lead to infections.
- Lacerations: Deep cuts or tears in the skin caused by the dog’s teeth or claws that can require stitches or surgery. More severe than abrasions.
- Tissue Damage: Damage to underlying muscles, tendons, and nerves caused by a dog bite that can result in loss of function or movement.
- Infections: Dog bites can introduce bacteria into the body, leading to infections such as cellulitis or sepsis. In particular, a bite may introduce rabies, a viral infection, if the dog is not vaccinated.
- Broken Bones: The force of a dog bite, especially from larger breeds, can result in fractures or broken bones.
- Scarring and Disfigurement: Permanent marks or changes to the skin resulting from severe bites that may require cosmetic surgery.
- Nerve Damage: Bites that penetrate deeply enough to affect nerves. These injuries can lead to loss of sensation or chronic pain.
Common Breeds in San Diego Dog Bite Claims
While any dog breed can potentially bite, certain breeds are more commonly involved in San Diego dog bite claims due to their size/strength, and commonality. Large and powerful breeds are known for their strength and powerful bite force. These dogs may be marked by their protectiveness and may be considered guard dogs. Common types of large and powerful breeds include Pit Bulls, German Shepherds, Rottweilers, and Doberman Pinschers.
Medium-sized protective breeds are slightly smaller but are marked by still being energetic and strong. If not properly trained, these dogs might exhibit aggressive behavior and act territorial. Some medium-sized protective breeds include Boxers, Huskies, and Chow Chows.
Even smaller breeds and family-friendly dogs may bite if they are frightened. Smaller, feisty dogs may react with a handful of energy when they feel startled or threatened. Some examples include Labrador Retrievers and Dachshunds.
Why Kashou Law is the Right Choice for Your San Diego Dog Bite Claim
Following a dog bite incident, having the right legal representation can make a significant difference in the outcome of your case. Here’s why Kashou Law should be your choice:
- Understanding of Dog Bite Laws: California’s strict liability laws hold dog owners accountable for bites regardless of the dog’s history or the owner’s knowledge of aggression. At Kashou Law, we have a thorough understanding of these laws.
- Personalized Legal Strategy: At Kashou Law, we understand that each dog bite case is unique. Justin personally oversees every case so that you receive tailored legal strategies designed to meet your specific needs.
- Handling Legal Complexities and Paperwork: The legal process involves extensive paperwork and adherence to strict deadlines. We will make sure all filings are accurate and timely, and that all procedural requirements are met. This reduces the risk of administrative errors that could jeopardize your claim.
Contact Our San Diego Dog Bite Lawyer Today
Dog bites can result in serious physical and emotional trauma, and navigating the legal landscape to hold responsible parties accountable can be complicated.
If you or a loved one has been injured by a dog bite in San Diego, you need a dedicated and experienced legal team to help you secure the compensation you deserve. At Kashou Law, we are committed to providing compassionate and personalized legal representation to victims of dog bites. Justin S. Kashou, brings extensive experience and a client-centered approach to each case. We understand the impact a dog bite can have on your life, and we are here to support you every step of the way.
Don’t face this difficult situation alone. Contact Kashou Law today for a free consultation. We are ready to listen, answer your questions, and provide the legal support you need to pursue justice. Call us at (619) 963-2030.