DOG BITES 

Statistics and Present Attitudes Toward Animals

In the past ten years, there has been a significant increase in the number of Rottweilers,
Dobermans, Pitbulls and other larger breeds of dogs, as people increasingly turn to these animals as friends to protect their homes. This has resulted in a widening problem of animal inflicted injuries as these larger breeds of dogs come increasingly in close contact with children, who are their typical victims.

Last year 14 persons were fatally attacked in the United States from which 11 of these were children under 12 years of age. The Center for Disease Control estimated that during the calendar year 1995, there were 4.7 million people bitten by dogs, of which 800,000 of these sought medical attention. During this same year, State Farm Insurance, which insures 5 million homes, reported more than 11,000 claims for dog bites, and paid out $70 million in claims, which is an average of $6,364.00 per claim.

When a serious dog bite injury has occurred, there are a number of approaches an injured party can consider pursuing. The first is to get permission to evaluate the dog before it is either euthanized or given away. The have it independently evaluated, there are specially designed tests as soon after the attack as possible to determine its behavioral characteristics. This is equally important for the Plaintiff and Defense. If possible, secure photos or videos of the dog to demonstrate its size, weight and mannerisms. Talk to neighbors about the typical behavior of the dog and whether it is potentially dangerous. Neighbors would know if the dog gets out of the yard, if the owner allowed it to wander the streets, or if there were any prior attacks.

Interview its veterinarian and review the medical records. Is there any prior aggressive or fearful behavior? Check with Animal Control as to whether or not the dog was a problem in the neighborhood or ever picked up. Investigate the scene of the attack to see if it corresponds with details related by all the parties. Determine if the owner was negligent and if he or she had been a responsible owner. Check whether the dog was licensed, had all its shots, wore a collar, was trained, and whether the owner used abusive force with the dog.

It is most important to use an attorney familiar with animal inflicted injury cases. Bring him/her into the case as soon as possible. An experienced attorney can make sure there are no missed opportunities to help build a solid fund of testimony by documenting the aggressive behavior and assuring that all relevant information is available at time of trial.

As a result of the many movies and television shows concerning dogs, our perception of them has changed. To many people, dogs have become their child and best friend. As a result of this, in a shift of media focus, jury attitudes have changed and need to be addressed prior to trial.

The Law in California: What You Should Know About Injuries Caused by Animals

Pets and most commonly dogs cause injuries in a variety of ways, such as biting, clawing, jumping and knocking people down which are the most common. But dogs particularly cause other injuries we often don't consider, such as running and barking at people and making them lose their balance, running into the street and causing vehicular accidents.

California has laws making dog owners liable for any injuries a dog causes when away from the dog owner's property, regardless of the circumstances in which the injury occurred.

The insurance companies will try to convince you that a dog owner is only liable for injury caused by the dog if the owner knew or should have known that the dog was likely to cause the type of injury which occurred. This is not true in California.

A dog owner is usually covered by his or her homeowner's or renter's insurance for injuries caused by the dog. And a business owner is covered by his or her business liability insurance for any injury caused by an animal kept on the premises by the owner or any employee. If you leave it up to the insurance company, what you and an insurance company will be discussing in a claim for injuries caused by a dog, is whether the dog's owner knew or should have known of a danger presented by the dog. In California, we do not have to prove this to receive compensation for personal injuries caused by the dog.

Every dog does not get one "free" bite in California.

In California, we have what is known as "strict liability" when it comes to dog bites. This means that if you are bitten by a dog in either a public place or are on private property with the permission of the owner of that property, the dog's owner is liable for any injuries caused by his/her animal to you. That is, the owner cannot excuse his/her responsibility for your injuries by saying you treated the dog improperly and were equally negligent or at fault.

With very little exception, in California, the law regarding dog bites is governed by
Civil Code Section 3342 which states:

"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."

Please Be Advised:

There are certain time limitations within which you must file a lawsuit in order to protect your rights. In most circumstances you must file a lawsuit against the dog owner within one (1) year to two (2) years from the date of injury. There are exceptions to this rule however, and you should check with an attorney to make sure you are protected by filing your case in a timely manner.

What We Can Do for You . . . Our office has trained professional attorneys who will get you top dollar for your dog bite injuries

The Law Offices of John N. Kitta & Associates has never lost a dog bite case or failed to get a settlement or verdict in which our client has not been extremely satisfied. If you need to collect damages for a dog bite, our office can provide you with competent legal service. If you are injured, you have the right to be compensated for your injury. Our office can negotiate your case to obtain the most compensation for your damages. You are not required to accept any settlement amount which is offered, although it is our experience that settling a case is far less expensive and far less stressful than taking a case to trial before a jury. But if we do not get you a settlement offer which you do not feel is fair and adequate compensation for your injury, our experts work for you. We will try your case before a jury.

As your lawyers, we cannot and will not make this decision for you, but instead we are here to advise and guide you to make the decision that is ultimately best for you.

Our Fees

Like all other personal injury cases we handle, if you get nothing, you pay no fees.

The Law Offices of John N. Kitta will take your dog bite case on a fee arrangement known as a "contingency" case. You will not pay any fees unless we get you money.

Like most other attorneys, in cases where you have suffered personal injuries, including cases involving dog bites, our fees are based on your recovery. We only ask that you pay our costs, which simply means our "out of pocket" expenses, such as filing fees with the court and costs of deposition or jury fees, fees of expert witnesses who testify on your behalf such as doctors, and other such costs which are only incurred if we are forced to file a lawsuit.

However, most cases involving dog bites can be settled without the necessity of taking your case to court.

Our experts are specially informed and able to get you the best offer of settlement without even having to file a lawsuit.

39560 Stevenson Place, Suite 217, Fremont, California 94539 Tel: (510) 797-7990 Fax: (510) 745-8606 Email: jkitta@aol.com