What To Do If Your Dog Bites Someone
California is a strict liability state, which means you are liable if your dog bites someone. If your dog bites someone, you need to consider the health of the person bit, the liability you may face, and the future of your dog.
Here’s what to do if your dog bites someone.
What to do if Your Dog Bites Someone
4.5 million people are bitten every year in the U.S. Dogs may be our best friends, but that doesn’t mean we should ignore the possibility that our dogs may bite someone. Even if you don’t believe your dog is capable of biting someone, it’s important you’re prepared.
If you’re like most dog owners, the thought of your dog biting someone probably doesn’t cross your mind. However, every dog is capable of biting, which means you need to be prepared.
We gathered 10 tips to help you prepare so you know what to do if your dog bites someone.
Let’s take a look …
1. Remain Calm
Responding to the situation in a calm demeanor demonstrates you’re capable of handling the situation.
2. Confine Your Dog to an Isolated Area
Prevent the possibility of your dog biting the victim again by restraining the dog to a safe place.
3. Help the Victim Wash Their Hands with Soap
Quickly washing the wound with soap and water may help prevent infection.
4. Be Polite and Express Sympathy
This lets the victim know that you care and feel bad about the situation.
5. Call for Medical Help
Even the most minor injuries can result in infection if ignored.
6. Offer to Contact a Friend or Family Member
This shows the victim you understand they may be experiencing shock and need to talk to a loved one.
7. Exchange Contact Information
This demonstrates your willingness to stay in touch and compensate the victim for personal injury.
8. Connect with Witnesses
If possible, exchange contact information with any witnesses who may have seen the dog bite.
9. Contact Local Authorities
Your local authorities will provide you with further instruction.
10. Talk to a Lawyer
A lawyer with experience in personal injury from dog bites may be able to advise you how to proceed.
If it’s your dog that bites someone, there are many things that can happen. And there are certain things you should do.
These things involve health and safety, finances, relationships, and possibly your ability to keep your dog. You may even be criminally responsible for whatever happened. It’s good to know something about proper protocols and the law when it comes to dog bites.
There were 1,919 dog bite claims filed in California last year, costing an estimated $64.7 million.
That’s the highest of any state in the United States.
Dogs are great pets. They provide a lot of comfort and companionship. But sometimes they can cause grief, too, especially if they decide to bite someone. 4.5 million people are bitten every year in the U.S., according to the Centers for Disease Control. One in five requires medical attention. And half of all people bitten are children aged 5 to 9, and by dogs that most of them know.
The Importance of Responding Quickly and Calmly
It would be good to apologize to the victim right away while trying to remain calm. The victim may decide not to pursue any action against you or your dog if you are trying to be nice about it and are showing concern. Most states will not hold against you any statements of sympathy and compassion.
If the victim needs medical attention, take him or her to a doctor or hospital. Show that you care about the victim and want to help. If you can afford to pay the medical bills, offer to do so whether or not you have insurance or credit.
Restrain your dog to protect others from a similar fate. You make sure your dog is on a leash or you can put the dog in your car or house.
Give the victim your name, address, and phone number. In some jurisdictions, giving contact information is required by law. Fleeing the scene without giving information like this can be a crime. Also make sure to get the name, address, and phone number of any witnesses. This may become important should any legal action occur.
As time goes by, you should try to keep in touch with the victim and show continued and sincere interest in his or her condition. If the bite was not too severe, and the victim feels better, there is a chance he or she will forget the incident.
Financial Effects
Paying the victim’s medical bills, insurance, or co-payment will help reduce the chance of a claim or lawsuit against you. But this payment is voluntary on your part, and most states have policies that state your insurance company is not responsible for voluntary payments. So, you should not expect reimbursement.
However, you should still notify your homeowner’s or renter’s insurance company after the incident because, in the case of a possible lawsuit, the insurance company will typically cover some or all of the liability. The usual $100,000 limit found in homeowner policies is usually enough for most settlements but may not be enough for more severe cases. Many homeowners with pets choose an Umbrella policy that provides $1 million in coverage.
The Consequences
There are three possible avenues of consequence for your dog.
There can be civil action against you. In most states, dog owners are strictly responsible for injuries from their dog bites. Some states have a “one-bite” rule that may protect you in some cases for a first bite. But that bite may be subject to other laws depending on the situation.
Some states are “mixed states” and contain elements of both strict and one-bite laws. You should consult an attorney to see what rules apply in the state your dog bites someone.
Criminal Action
There can be a criminal action, depending on the situation, especially if the attack was serious enough or your dog had bitten someone before. You can be charged with any of a number of violations including negligence, premises liability, violation of leash law, intentional conduct involving the use of a dog, outrageous or reckless behavior involving the use of a dog, or other municipal law that leads to injury.
Animal Control Authority
There can also be animal control authority action against you, your dog, or both. This action can be taken under state, county, and/or municipal laws.This local authority can require your dog to be quarantined, and you can ask for home quarantine, which might be granted in certain cases.
The dog authority may ask that your dog is submitted for testing (so can your insurance company). If your dog has had rabies shots, locate the medical records as proof and show them to the victim as well. If your dog is suspected of having rabies, you should notify your insurance agency.
Police Involvement
When there’s an incident involving your dog, and the police get involved, they will file a report with the court and have a hearing to determine your dog’s status.
If it is found that your dog attacked another person or animal twice within a 3-year period, or bitten someone once and caused minor injuries, your dog becomes a “potentially dangerous” dog under California law. Cal. Civ. Code § 31602. You will need to keep the dog indoors or held securely in a fenced yard where children cannot enter. If you leave your property, the dog needs to be leashed.
If it is found that your dog severely injured or killed someone once, or attacked another person or animal more than twice, within a 3-year period, or bitten someone and caused minor injuries twice, it becomes a “vicious” dog under California law. Cal. Civ. Code § 31603. In this case, the court may order certain conditions that protect public safety or order the local animal control authority to destroy the dog.
What Happens to Me If My Dog Bites Someone
Charges brought by the animal control authority may lead to “dog court,” and if so, you will have to prepare a defense. If this happens, you should contact an attorney familiar with dog bite criminal laws.
You should also contact an attorney if you don’t have insurance and the victim asks you for money. You should consult an attorney if you think the bite was significant and the victim is considering legal action. And if you hear from the police, you should call an attorney.
If you are sued, hire an attorney to handle it. He or she will know the statutes and can explain your circumstances relative to the dog breed (there are breed-specific laws), location, kind of attack, special circumstances and burden of proof needed.
There are many possible defenses that can be employed including that the dog was teased, poked or otherwise provoked, or the victim was trespassing. An attorney is your best defense in protecting both you and your dog.
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