Types of Injuries Inflicted by Dogs
Repairing these injuries may require immediate reconstructive surgery with additional surgical procedures over time. Techniques such as skin grafting and microsurgical repair also may require multiple procedures, as do scar diminishment treatments, such as: dermabrasion (sanding of the skin) laser treatment and pressure scar modification.
California’s Dog Bite Statute (Civ. Code § 3342, CACI 463)
Under California law, in a dog bite case, dog owners can be held responsible for the harm caused by their dog no matter how carefully they acted to restrain their dogs.
- That the defendant owned the dog
- That the dog bit the plaintiff while the plaintiff was in a public place or lawfully on private property
- That the plaintiff was harmed
- And that the dog was a substantial factor in causing the plaintiff’s harm.
- [California Dog Bite Statute – Civ. Code § 3342, CACI 463]
You Can also Recover When a Dog Attacks But Does Not Bite
Dog injuries can also occur when the victim is not actually bitten. These cases include trauma to the head and/or orthopedic injuries when a person is knocked down by a dog, or when a person falls while running away or avoiding a dog. Strict liability does not apply in these circumstances, and the plaintiff does carry the burden of proof to demonstrate that the dog owner was negligent, and that the negligence was a substantial factor in causing harm. [Note that if the city or town where the incident occurred had a “leash law” in effect and the injury occurred because the dog was not leashed, as required, the dog owner’s negligence may be presumed.]
- Dog did not bite the plaintiff (Note that case law does not require the skin to break)
- Assumption of the risk
- Contributory negligence
- Plaintiff was trespassing and not “in a public place or lawfully on private property”
- Defendant was not the dog’s owner