Dog Attacks And Your Rights

Speak with a North San Diego County Dog Bite Attorney (760) 471-4624

(Oceanside, Vista, Carlsbad, Encinitas, San Marcos, Fallbrook, Escondido, Rancho Bernardo, Poway)

or Email me : Arnold@ArnoldHernandez.com

Even though some have characterized the number of dog bites and dog attacks as an epidemic there is no evidence to suggest that this is the case. Contrary to popular belief, dogs do not cause a great many deaths. From 1979 to 1994, only 279 fatalities from dog were reported by the United States Center for Disease Control. Death from a dog attack is more prominent in children than any other group. According the United States Center for Disease Control the rate of death among children from dog attack trauma is around 80%. Many of these fatal attacks were perpetrated by the family dog against a child living in the same home or a child visiting the home. The vast majority of dog attacks, about 77%, are caused by a dog owned by the victim’s family or a friend.

Of the statistics collected on fatal dog attacks:

25% of all fatal attacks were actually caused by chained dogs

25% resulted from dogs loose, but in their own yard

23% occurred inside the home

It is not clear if chaining has lead to aggressive behavior if aggressive dogs tend be chained, but it appears that dogs are more likely to become aggressive if chained. A study at animal shelter in Denver, Colorado also shows that dog bites are more likely to occur in homes where there are one or more children, but it also showed that non-household members were more likely to be bitten than household members.

The Pit Bull probably earned his reputation as a bad dog from the statistics accumulated on fatal dog attacks. From 1979 to 1996 more deaths were attributable the Pit Bull than any other breed.

Fatal Dog Attacks From 1979 through 1996

Pit Bull 60

Rottweiler 59

German Shepherd 19

Husky 14

Alaskan Malamute 12

Doberman Pinscher 8

Chow Chow 8

Great Dane 6

St. Bernarnd 4

Akita 4

What is not clear is the relative risk of each breed, as accurate data identifying the proportion of each breed is not available. The population of each breed is unknown, so there are no accurate measures to determine the fatalities caused by each individual breed. The United Kingdom banned Pit Bulls in the 1990s, but so far it appears there is no meaningful decline in fatalities or dog attacks has been reported.

In a study by the American Canine Foundation it was determined that there were an estimated 5,000,000 registered American Pit Bulls and 60 fatalities, but only 240,000 Chow Chows and 12 fatalities tending to show that the Chow Chow is by far a more dangerous breed. This however is only an indication of registered dogs relative to the number of fatalities and there is no accounting for unregistered dogs.

Registered Dogs Fatal Attacks Breed

240,000 12 Chow Chow

800,000 67 German Shepherd

960,000 70 Rottweiler

128,000 18 Great Dane

114,000 14 Doberman

72,000 10 St. Bernard

5,000,000 60 American Pit Bull

Dog attacks are very serious risk, but the risk of death as a result of a dog attack is statistically very small. The odds of getting hit by lighting or winning the lottery are much better than the odds of getting killed by a dog.

The home owners insurance for the most part identifies all these breeds as potential threats and will increase home owners’ insurance premiums or decline coverage if the home owner has one of the following specific breeds of dogs:

Akita

Alaskan Malamute

Chow Chow

Doberman Pinscher

Pit Bull

Presa Canario

Rottweiler

Siberian Husky

Staffordshire Bull Terrier

Wolf hybrid

Laws differ somewhat from state to state, but generally speaking a dog attack or dog bite results in liability to the owner. In some states one bite, may be free, but in California it is strict liability. The primary requirement is that you have a legal right to be where the attack occurs. There are a few exceptions, but generally speaking there is no defense to a dog bite. Ownership of the dog is a requirement and ownership means different things from a legal perspective, keeping a dog, sheltering and harboring a dog, and feeding a dog could all be sufficient to establish ownership of a dog. So, it is best to not take in strays, if there is a risk of injury to another from a stray.

Compensation for dog attacks includes general damages and special damages. General damages are for the intangible damages and economic are for things that are known with some certainty. With children a big factor in determining compensation is future medical treatment as most dog bites are to the child’s face and reconstructive or cosmetic surgery may be required and often a surgeon cannot form an opinion on the basis of a fresh scar. In some cases one year post injury is required and in some cases more time may be required.

The best thing is to simply avoid the attack all together, and the Center for Disease Control makes several suggestions, among them are these:

(1) Be careful in the selection of a dog, choose the right breed for you after considering your lifestyle and home environment;

(2) If you have children or children visit your home on a regular basis, don’t keep a dog with a history of aggression;

(3) If your child is not ready for a dog, don’t bring one home, wait until your child is ready;

(4) If you have an infant or toddler use great caution in brining a dog or puppy and be sure you get to know the dog you are contemplating buying or adopting;

(5) Be sure you spay or neuter the dog, as they tend to be more aggressive when they are not;

(6) Never leave children alone with any dog, especially if they are toddlers;

(7) Socialize and train any dog that comes into your home;

(8) If the dog develops undesirable behavior or shows signs of aggression, seek professional help immediately;

(9) Refrain from playing aggressive games with the dog;

(10) Be sure you teach all children coming into your home about safety around the dog;

(11) Never approach dogs you are unfamiliar with;

(12) If approached by a dog never run away from the dog;

(13) If an unfamiliar dog approaches you, remain motionless;

(14) Do not let children play with a dog unsupervised;

(15) Avoid making eye contact with a dog;

(16) Nursing dogs, sleeping dogs, and dogs eating should not be disturbed;

(17) Do not pet a dog you do not know and always allow the dog to sniff you and see your

first before you can pet it.

Speak with a San Diego Dog Attack Attorney (760) 471-4624

or Email me: Arnold@ArnoldHernandez.com

Law Office of Arnold Hernandez, Serving the Counties of San Diego, Riverside, Orange, and Imperial

(760) 471-4624

Hablamos Español

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