Irina from San Francisco writes, “Chris, I own a small, rescue dog who is afraid of larger dogs. My son and I were walking our dog, on the sidewalk and on his leash, to a nearby park when suddenly a Rottweiler dog, off leash, came around the corner and bounded up to my dog. Afraid for my dog, I reached down to pick him up. The Rottweiler jumped up on me, viciously biting my arm just above my elbow drawing blood. Throughout the ordeal my son, 6, was screaming and crying. I was afraid that the Rottweiler was going to kill me, my son, or the dog. Finally, the owner of the dog ran up and pulled his dog off me, said he was sorry, and that his dog had never acted this way before. I had to go to the hospital where I was treated for the puncture wounds. The dog also lacerated a tendon near my elbow and I may need surgery. I have developed an infection and now I am taking antibiotics. I am told I will have a permanent scar from the bite marks. My son is in therapy now as he shakes and starts breathing rapidly when he encounters a large dog.
The dog owner got nasty when I told him his dog should be on a leash. He seemed offended and said if my dog hadn’t barked he wouldn’t have been bitten. I called the police and he started walking away so I took his picture. They arrived and found him in the park. He is a finance guy living in a big house in Noe Valley. I always thought people that filed lawsuits were just trying to make a quick dollar, but now that my son and I have been injured by this guy’s careless attitude I can see why people sue guys like him. I want to know what my rights are. I have medical bills, lost time at work, need future plastic surgery, and my son in in therapy.”
Irina, I am sorry to learn of the injuries you and your son suffered. For anyone thinking that this is an isolated incident, in 2016, 31 dog attacks in the U.S. resulted in human death: 13 child victims and 18 adult victims. The Center for Disease Control reports that there are over 4.5 million dog bites annually sending more than 750,000 people to the hospital. Often it is not the dog which is the problem: it’s the irresponsible owner which has trained the dog to be aggressive or let them run off leash.
In California, under Civil Code Section 3342(a), the owner of a dog that bites someone (with limited exception for on-duty police dogs, protection dogs, dogs biting burglars, etc.) is legally responsible for all injuries the dog causes. We call this “strict liability” meaning that when the dog bites, liability exists against the owner regardless of the breed or how careful the owner was in restraining the dog.
Irina, you were walking on a public sidewalk and bit by a dog. That is sufficient to establish liability for the dog owner under Section 3342(a). You may be entitled to obtain damages for your medical expenses, past and future, wage loss, and compensation for shock, anxiety, fear, emotional distress and pain.
Given that the dog lunged in the direction of both you and your son he too would have a claim for negligence as he was put in reasonable fear of injury or death. Moreover, a doctrine called “negligent infliction of emotional distress,” or NIED, can create liability for the dog owner.
The elements of a NIED claim are: (1) the plaintiff is closely related to injury victim, (2) is present at the scene of the injury-producing event, (3) was aware at the time that the victim was being injured, and (4) as a result suffered emotional distress. The worse cases of this type which I have seen are those where a parent has witnessed the death of their child or visa-versa. A person who has suffered NIED has a legal claim, entirely separate from their own personal injury claim. The facts that you have provided suggest that you and your son may have claims for personal injury and NIED.
After a dog bite, if the owner can’t demonstrate a current rabies vaccination, the dog may be ordered quarantined for observation by the owner or a vet. If the dog runs off, you may require a series of five shots over a 28-day period. If you are bit by an unknown or wild animal get treatment immediately and in no event later than 6 days. Rabies causes serious neurological injury and once symptoms appear the condition can be fatal.
Irina, the law can put a leash on this negligent dog owner and hold him responsible for what he did to you and your son. I recommend that you speak to a trial lawyer knowledgeable in the area animal/dog attack law. Most trial lawyers don’t charge for a consultation and handle your case on a contingency meaning that hey only get paid if they obtain a recovery for you.
Have You Been Seriously Injured From a Dog Bite?
Our law firm has the experience and the resources to establish pet owner negligence and to bring full and fair jury verdicts and insurance settlements to compensate for immediate and future medical care, plastic surgery, lost wages, and lost earning potential.
Our work is contingency-based, and we collect no fee unless our client collects damages. If you or a loved one has been injured or disfigured because of an animal attack, pit bull attack or other dog bite, we encourage you to contact attorney Chris Dolan and his colleagues online or call 415-636-8160 today for skilled and knowledgeable legal counsel.
What if a person steps on a dogs foot and the ( always sweet docile and friendly dog snaps at the person only biting their thick boot, no broken skin, or injury of any kind, shouldn’t this be let go?? The dog was provoked to protect itself, by the careless big foot that stepped on the dogs paw! In this case, the senior center where the owner lives with her beloved dog, the dog was taken away from her!!! I’m so upset over this! The dog was not euthanized or taken away to shelter, it was given to a family member, now, both the elderly woman and the dog being apart, are experiencing terrible depression and separation anxiety:( please help!!