If a dog bites someone will it be put down?
One of the great fears of dog owners, especially those enrolled in the registry of potentially aggressive or dangerous dogs, is that the animal can bite someone. According to legend, if a dog bites a person, they will sacrifice it; But sacrifice is the last resort in case the dog bites someone. Before reaching the most extreme decision, a series of measures will be taken to evaluate the animal.
If the person bitten goes to the doctor, from their own health or emergency center, they start the animal attack protocol. In the part of injuries should appear all the data of the dog and its owner. Depending on which community you live in, the agency responsible for the next step will be one or the other. Still, after a few days, you will be visited by a couple of officials who will examine the dog and the calendar or vaccination card of the dog.
He will also ask us some questions about the psychological state of the animal after the attack: how he eats or drinks if he is more or less active. If the evaluation is positive and he has the vaccines up to date, he will spend between 10 and 40 days without leaving home, or going very little, before a second analysis. If you do not have the vaccination card up to date or there is a problem, such as behavioral changes, you will be taken to a veterinary facility for more precise control. However, you should know that in some cases, you can receive a complaint if your dog is aggressive, even if it has not necessarily bit a person.
In most cases, dog bites are isolated cases that do not recur. However, if the dog has a disease such as rabies or is very aggressive, it will be sacrificed. If you have bitten someone more than once, control over the dog during quarantine will be more intense. Still, the animal will never be sacrificed before fulfilling a quarantine that serves to assess its behavior and the risk of new attacks.
When is the owner of a dog responsible?
According to section 3342 (CC 3342) of the Civil Code, which is the civil status of dog bites of the state, the owner of a dog will be liable for injuries to others as long as it has not been caused and the person whether in public or legally on private property.
A public place is any location that is open to the general public, such as a neighborhood, park, bar, library, restaurant, beach, apartment complex, or a public square.
People who were infringing the entrance to a place and receiving a dog bite will probably not recover damage from dog bites in this state. Also, if the dog was provoked, it was protecting its owner or another person according to the self-defense laws in California, or if it was a military or police dog appropriately used, people bitten by a dog might not recover damage.
What can compensate for people?
Compensatory damages for people who have been bitten by a dog may include, without limitation: medical bills, physical therapy; psychological counseling; lost wages; loss of income capacity; pain and suffering, cicatrization, inability to use a limb. Also, families of people who have died from a dog attack can recover damages from wrongful death or injury from loss of consortium.
However, if a person was injured by a dog but was not bitten, he must prove that the owner was negligent to recover compensatory damages, which means proving that the owner knew or should have known that the dog could be dangerous. He did not take reasonable measures to prevent others from being injured.
Some states follow a bite rule in which the owner of a dog is not held responsible if it is the first time the dog bites someone. However, they will be accountable if the dog has previously bitten someone or if it is believed to be dangerous.
California does not follow the rule of a bite. Even if it is the first time a dog bites a person (taking into account the characteristics of the situation described above), the owner will be responsible.
What to do if a dog bites me?
You do not need to file a police report if a dog bit you, but if an animal control officer gets involved and determines that the dog is dangerous, it could be easier to get punitive damages. It could help the owner take the necessary measures. To ensure the safety of others,
California law requires that dog owners and also dog victims report dog bites to their local county health officer. It does not mean that the owner of the dog will be processed; it is only to make sure that the animal does not have the rabies virus. This is why dogs that have bitten someone will be quarantined for ten days to make sure they are healthy.
If a dog has bitten a person, it does not have to be sacrificed, but the law allows it if the dog has bitten a person more than twice or if it has been trained to fight, attack or kill someone and bites a person even once causing considerable physical damage. In these cases, dogs may be removed from their owners and put to sleep after a hearing takes place.
It is essential that you also know that the insurance of some owners and renters covers dog bites. Also, if a dog bites you and you do not have health insurance, you may be able to find a doctor who is willing to work on a medical assessment in the state of California.
What Happens If My Dog Bites Someone Who Invades My Property?
If your dog bites someone who invades your property or your home, you will not be held liable. Consequently, if your dog acts like a watchdog and bites someone who does not have a legitimate reason to be on your property, you will generally not be held liable. Remember, however, that if your dog bites someone while in a public place or outside the boundaries of your property, you may be held responsible.
Talk to a qualified Pet Lawyer today
This article is intended to be useful and informative, but legal issues can become complicated and stressful. A lawyer qualified in pet law can attend to your particular legal needs, explain the law, and represent you in court. Take the first step now, and contact a qualified pet law attorney near you to discuss your particular legal situation.