San Francisco Injury Lawyer Blog

Dogs can be wonderful companions. They are loyal, loving, and are often a true member of the family. While most pets are gentle and kind, dangerous dogs are a real concern. As your Sacramento personal injury lawyer and an experienced California dog bite law firm, The Brod Law Firm is prepared to help residents who have suffered injury after being attacked by a dog.

The Sacramento Bee and CBS 13 Sacramento both reported on a vicious pit bull attack on the morning of Saturday January 14, 2011. The attack occurred at a home in South Sacramento on the 7000 block of Third Parkway. Details on the events leading up to the event are limited, but it appears that a nine year-old boy walked from the home into the backyard where the dog was located. The dog severely mauled the child, leaving him with a head injury and damage to his arm. A woman was also injured in the events. Her injuries appear to be less severe and the article reports that she is recovering. A neighbor, Pat Nunes, heard the commotion and helped to free the boy from the dog’s bite. Paramedics and law enforcement responded to the call and contacted Sacramento County Animal Control for additional support. The sheriff’s office reported that an officer did fire his weapon when the dog attempted to leap a fence and escape from the home’s yard. The Bee does not comment on the dog’s fate but CBS’s web site reports that the dog was killed.

California law is particularly strict in cases of dog bites. While some states have a policy that the owner must have been aware of the dog’s viciousness in order to impose civil liability, California does not. Under California Civil Code Section 3342 an owner is automatically liable for the actions of their animal. This is a huge benefit to victims seeking compensation in civil court since they do not need to prove prior knowledge, a tricky and difficult requirement. This strict liability rule does have an exception for cases where the dog was intentionally provoked.

In some areas, special regulations apply to pit bulls, a notoriously dangerous breed. California generally leaves this decision up to local municipal authorities. San Francisco has a city ordinance that requires all pit bulls be spayed or neutered, with an exception for registered show dogs. This regulation was enacted in 2005. In 2010, a representative for the San Francisco police department’s vicious dog unit reported a significant drop in the number and severity of attacks by pit bulls under the provision. Sacramento does not appear to have such restrictions. In addition to legal restrictions, some insurance carriers restrict coverage on homes containing pit bulls.

Dog bites can cause severe physical injury and even death. They can result in medical bills and lost wages, in some cases restricting future employment options where permanent damage is incurred. Additionally, a dog attack can cause significant mental distress. If you or a loved one has been harmed by a dangerous dog in Sacramento or elsewhere in the Northern California region, you may be entitled to compensation. Our Sacramento injury attorney can help you recover the damages the law allows. Please call for a free consultation to discuss your legal rights. In most injury cases, we operate on a contingent fee basis so there are no attorney’s fees unless you recover for your injuries.

See Related Blog Posts:California Strict Liability Law Promotes Owner Accountability in San Francisco Dog Bite Cases
San Francisco Dog Bite Attorney Comments on San Francisco's Pit Bull Ordinance

The Center for Disease Control reports that each year 4.7 million Americans are victims of dog bite attacks. Attacking dogs may puncture a victim’s skin, requiring stitches and leading to risk of infection. Dog bite incidents also cause psychological stress that usually creates fear in the victim of strange dogs in public or private spaces.

800,000 victims seek medical attention for their dog bite related injury, and of those, 31,000 of undergo reconstructive surgery to treat disfiguring scars. The most harrowing injuries occur in cases of attacks to the head and face. Children from the ages of five to nine are the most common victims of serious dog attacks to the head and neck area.

If you or your child is the victim of a dog bite, it is critical that you make a report to the animal control authority in your area. A timely report promotes public safety and also provides important evidence in any hearings related to the dangerous dog. Victims should also seek medical attention to prevent infection or other disease and to help document the incident.

In many states, a dog bite victim must prove that a dog owner had previous knowledge of a dog’s vicious tendencies or that the owner was negligent in preventing an attack. Examples of dog owner negligence include violating leash laws or failure to warn of a dog’s bite triggers.

However, California law imposes strict liability on dog owners. An owner is 100% liable for their dog’s actions, except in cases of intentional provocation. A dog bite victim will not be required to prove that a dog’s owner knew the dog was aggressive or that an owner was negligent to recover damages in a civil case.

Continue reading "California Strict Liability Law Promotes Owner Accountability in San Francisco Dog Bite Cases" »

On December 29th, two dogs, a boxer and a Labrador, attacked Bob Ferguson, a 78-year-old IBM retiree, who was walking his small dog in a quiet cul-de-sac in the Blossom Bill neighborhood, according to San Jose Mercury News. Ferguson said that the dogs did not make a sound at the time they charged him. He was bit on his ear, head, and arm and had to go to the emergency, where he received 10 stitches in his ear. He believes he would be dead if a neighbor had not seen the attack and chased the dogs away. Another of Ferguson’s neighbors said the same two dogs attacked his German shepherd just days before, which cost the family $660 at the Veterinarian. They fear the dogs could attack children next.

San Jose city officials have initiated what is called a “dangerous dog attack” investigation based on the attack on Ferguson, and there will be a public hearing to decide what to do about the dogs and the owner. If it is decided that the attack remains in the category of “dangerous” and not “vicious,” then it probable that the dogs will be allowed to live under the condition that their owner buys liability insurance and takes strict measures to secure them. At the end of this story, the main thing Ferguson is left wondering is: “Why would a person living in a quiet neighborhood need two big, threatening dogs for protection?” Here at the Brod Law Firm, we agree. It is unfortunate that some dog lovers place their taste for aggressive dogs above the welfare of their neighbors-- a dangerous hobby that seems to be gaining popularity.

If you or a loved one suffered an injury due to a dog bite and wonder if you have grounds to file a claim, please contact our firm today. Or if you questions regarding Dog Bite Law in California, please contact our Dog Bite Injury Attorney today. Our firm has over 10 years experience fighting for the victims of dog bites, and we have the expertise to win you the compensation you deserve.

Today, the San Francisco Examiner, reported that two dogs were euthanized this week following an attack in Golden Gate Park earlier this month. According to SFGate, on July 1, 2010 three people were attacked by one of two dogs--both of which were running loose through Golden Gate Park. One person, a 70 year old woman, was taken to San Francisco General Hospital with bites on her lower legs. An unidentified man in his 40s was taken to UCSF Medical Center with bites on his leg. And another woman had her clothes torn but was not hurt. Both dogs captured at the time of incident were believed to have had bitten the victims, but the city's Animal Care and Control confirmed later that only one of the animals - an unneutered male pit bull - was believed to be responsible for all the bites. Authorities believe both dogs probably have owners because they were in good health and wearing harnesses. The owners could face civil, criminal or administrative charges.

California dog law allows breeds to be regulated, including requiring them to be spayed and neutered. And San Francisco has its own law that targets pit bulls. Under the ordinance, pit bull owners are required to spay or neuter the breed, and get breeding permits from the city San Francisco's. The law also allows animal control officers to issue a fix-it ticket to noncompliant dog owners, requiring that the pit bull be sterilized within two weeks. Animal Control officers also hand out information on low-cost and free surgeries. Officers follow up with visits to the homes of owners who have not complied. A first violation can bring a citation and $500 fine and may result in the Department impounding the pit bull and disposing of the pit bull. A second violation of this section by the owner, guardian or keeper, shall be a misdemeanor punishable by imprisonment in the County Jail for a period not to exceed six months or by a fine not to exceed $1,000, or by both a fine and imprisonment. In addition, a second violation may result in the Department impounding the pit bull and disposing of the pit bull.

It is important to note that the law is not intended to criminalize bill bull ownership, as it takes into consideration there are a lot of people that can't afford to spay or neuter their dog, rather it is intended to remove animals that pose a danger. Here at the Brod Law Firm, we believe the law is good for everyone--spaying and neutering is good for pit bulls because it reduceds the number of unwanted pups, and it is good for the citizens of San Francisco, as it stunts aggressive behavior—which can often lead to bites, maulings, or in the most drastic case, killings. No one would disagree that a bite from a pit bull is potentially far more dangerous than a bite from other dogs due to the simple fact that they have more muscle and strength in a single bite. If you have been bitten by a pit bull or any other dog, or, if you have questions regarding dog bit law, please call us.