Orange County Personal Injury Lawyers - Picozzi, Nielsen, & Lloyd - Attorneys at Law
Orange County Personal Injury Lawyers - Picozzi, Nielsen, & Lloyd - Attorneys at Law
Orange County Personal Injury Lawyers - Picozzi, Nielsen, & Lloyd - Attorneys at Law
Orange County Personal Injury Lawyers - Picozzi, Nielsen, & Lloyd - Attorneys at Law
Orange County Personal Injury Lawyers - Picozzi, Nielsen, & Lloyd - Attorneys at Law
Orange County Personal Injury Lawyers - Picozzi, Nielsen, & Lloyd - Attorneys at Law


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AUTO ACCIDENTS - Orange County Personal Injury Lawyers - Nielsen and Associates - Attorneys at Law
MEDICAL MALPRACTICE - Orange County Personal Injury Lawyers - Nielsen and Associates - Attorneys at Law
PREMISES LIABILITY - Orange County Personal Injury Lawyers - Nielsen and Associates - Attorneys at Law
DOG BITES/ANIMAL ATTACKS - Orange County Personal Injury Lawyers - Nielsen and Associates - Attorneys at Law
GENERAL NEGLIGENCE - NECK INJURY, BACK INJURY, SPINAL CORD INJURY - Orange County Personal Injury Lawyers - Nielsen and Associates - Attorneys at Law
SOCIAL SECURITY DISABILITY - Orange County Personal Injury Lawyers - Nielsen and Associates - Attorneys at Law
WORKERS COMPENSATION - Orange County Personal Injury Lawyers - Nielsen and Associates - Attorneys at Law
WRONGFUL DEATH - Orange County Personal Injury Lawyers - Nielsen and Associates - Attorneys at Law
LEMON LAW - Orange County Personal Injury Lawyers - Nielsen and Associates - Attorneys at Law
MOTORCYCLE ACCIDENTS - Orange County Personal Injury Lawyers - Nielsen and Associates - Attorneys at Law
Legal Glossaries - Orange County Personal Injury Lawyers - Nielsen and Associates - Attorneys at Law


Orange County California






Should I report the attack? If so, where?
Yes. Dog bites should be reported as soon as medical attention is supplied. Report this to your local animal control and/or the police department. Keep a note of the date of the report and the name of the person that you spoke with.

What if it happened in the dog owner's yard?
A dog owner has an obligation to restrain his or her animal for public safety. As long as you are on private property legally (or you are on public property) the dog owner may be held responsible.

What are my priorities if attacked by a dog?
  -Seek medical attention.
  -Report the dog bite or attack to the proper authorities.
  -Photograph the wounded area.
  -Write down names and contact info for any witnesses

Why the photographs?
You may decide that you will not pursue a claim, making photographs unnecessary. This is a much better course than missing this chance for documentation of the effects of the dog bite.

Should I make a claim on my homeowner's insurance company?
It is not in your best interest to make a statement to any insurance representative without calling your attorney first. Statements made to an insurance company agent or representative may prejudice your case if you should later decide to pursue a claim.

Do you mean that California actually has laws specifically for dog bites?
Yes. Many instances are covered under the personal injury laws of California, but there are also specific references in the California Civil Code that refer directly to dog bites, referred to as strict liability.



Dog Bite Statistics include:

1. Incidence of dog bit injuries treated in emergency departments. Journal of the American Medical Association 1998 Jan; 279(1): 51-53.
http://www.biomed.lib.umn.edu/hmed/980107_dog.html

2. Preliminary Statistics Number entered: 570 Distribution: Countries http://mastiff.org/exhibit-hall/health/mhstats.mv

3. Dog Bite Statistics



FROM CALIFORNIA CIVIL CODE:

Liability of Dog Owner for Damages Suffered From Dog Bite
3342. (a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner. (b) Nothing in this section shall authorize the bringing of an action pursuant to subdivision (a) against any governmental agency using a dog in military or police work if the bite or bites occurred while the dog was defending itself from an annoying, harassing, or provoking act, or assisting an employee of the agency in any of the following: (1) In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect's involvement in criminal activity. (2) In the investigation of a crime or possible crime. (3) In the execution of a warrant. (4) In the defense of a peace officer or another person. (c) Subdivision (b) shall not apply in any case where the victim of the bite or bites was not a party to, nor a participant in, nor suspected to be a party to or a participant in, the act or acts that prompted the use of the dog in the military or police work. (d) Subdivision (b) shall apply only where a governmental agency using a dog in military or police work has adopted a written policy on the necessary and appropriate use of a dog for the police or military work enumerated in subdivision (b).

Duty of Owner of Biting Dog; Court Action Against Owner.
3342.5. (a) The owner of any dog that has bitten a human being shall have the duty to take such reasonable steps as are necessary to remove any danger presented to other persons from bites by the animal. (b) Whenever a dog has bitten a human being on at least two separate occasions, any person, the district attorney, or city attorney may bring an action against the owner of the animal to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the bites have been changed so as to remove the danger to other persons presented by the animal. This action shall be brought in the county where a bite occurred. The court, after hearing, may make any order it deems appropriate to prevent the recurrence of such an incident, including, but not limited to, the removal of the animal from the area or its destruction if necessary. (c) Whenever a dog trained to fight, attack, or kill has bitten a human being, causing substantial physical injury, any person, including the district attorney, or city attorney may bring an action against the owner of the animal to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the bites have been changed so as to remove the danger to other persons presented by the animal. This action shall be brought in the county where a bite occurred. The court, after hearing, may make any order it deems appropriate to prevent the recurrence of such an incident, including, but not limited to, the removal of the animal from the area or its destruction if necessary. (d) Nothing in this section shall authorize the bringing of an action pursuant to subdivision (b) based on a bite or bites inflicted upon a trespasser, or by a dog used in military or police work if the bite or bites occurred while the dog was actually performing in that capacity. (e) Nothing in this section shall be construed to prevent legislation in the field of dog control by any city, county, or city and county. (f) Nothing in this section shall be construed to affect the liability of the owner of a dog under Section 3342 or any other provision of the law. (g) A proceeding under this section is a limited civil case.
 




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