Q: I was walking back from the market when a dog randomly attacked and bit me. My hand needed stitches. The dog owner was very apologetic, and said the dog got out through the front door. What steps should I take with this?
K.T., Manhattan Beach
A: California Civil Code Section 3342 is known as the dog bite statute. In California, a dog owner is strictly liable for injuries caused by his or her dog, whether the owner had knowledge of the dog’s dangerous propensity or not.
California data shows there has been an increased number of emergency room visits, hospitalizations and even deaths from dog bites. Speaking with Luciano Aguilar, the well-regarded head of Presidential K9 Dog Training in Hawthorne, he makes clear: “One of the best ways to avoid getting bit is to show kindness to dogs by using good etiquette. Before approaching a new dog, take a step back, ask for permission, and consider their feelings and personality. It’s a simple way to keep things friendly and avoid any potential discomfort.”
Steps you should take as the victim of a dog bite include: (1) Know the dog’s identity, including its owner (name, address and phone number); (2) Suggest the homeowner to make a claim on his or her homeowner’s insurance, which might cover your damages; (3) Submit an incident report to the appropriate authority; (4) Of course take good care of yourself; (5) Get photographs of your injuries, bruising and clothing; (6) If there is a witness, get his or her name, address and phone number, and (7) Give real thought to legal representation.
Q: A kid got onto our property without our knowledge or permission. We think he was there to steal the e-bike. Our dog bit him below his knee. I am hearing his mom is going to make a claim against us. Are we on the hook even though he was on our property illegally?
H.R., Rancho Palos Verdes
A: There are various defenses to consider if a claim is made because your dog bit someone, such as: (a) the victim provoked the dog;…
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