Yes, you can sue under ordinary negligence. But no, dog bites are not treated the same as scratches under California Civil Code Section 3342 for liability purposes. True, dogs are our companions– they seem to be with us no matter where we go or what we do. But the dog owner is not without fault when things go wrong. Our canine companions are not perfect, especially if they are not trained or trained poorly.
As a result, there are far too many dog bites and scratches across the United States each year. Most dog bite attorneys in California understand our dog bite statute and that strange dogs can harm or kill anyone. But when dog bite victims get scratched, is that included as part of the settlement or verdict?
What if the dog’s owner alleges it was just a scratch accident, and since there is no bite, the dog bite statute doesn’t apply?
Would this be handled similarly to the one-bite rule, mandating the dog must have scratched someone else previously in order for the dog’s owner to be held liable? After all, not all dog attacks result in a bite.
For example, what if the dog was wearing a muzzle in compliance with the local leash law and other dog bite laws? Were you trespassing, and the dog was trying to protect private property or other parties? Who can be sued, if anyone?
Before you sign anything with the insurance company or dog owner, please read what our top-notch Los Angeles dog bite lawyers have to say. Learn here about vicious and not-so-vicious dogs that attack, including police dogs and service dogs in California, with or without teeth causing an injury or death.
But what if dangerous dogs still manage to jump on you, knock you down, or scratch you badly? These are special circumstances for which you must immediately seek medical attention. What if the dog kills someone after toxic poisons from the dog’s paws penetrate into their blood through open or torn skin?
What are the dog owner’s legal defenses under California personal injury law in a dog attack such as that? Does the dog’s breed play a role? What if the injured person provoked the animal on the dog owner’s property? Let’s find out more about dog owner liability and strict liability arising from something other than a dog bite claim.
Dogs typically have dirty paws from stepping on poop, feces, and other bacteria throughout their day. Below we will look at options you or your loved ones will have regarding the aftermath of a dog scratch and associated diseases. Often, they’re more than just some superficial wound.
Too many people are hurt by such accidents annually, resulting in severe infections or even worse. In many states, a dog owner will be found liable in civil court and face criminal charges and jail time, especially in courts in states like Florida (See Fla. Stat. Section 767.136.).
For one, dog owners or maintenance personnel sometimes open a yard gate and allow the dog to roam the neighborhood. Let’s take a look at more info and some special precautions on how to avoid dog scratches and handle them properly.
Our expert attorney, Michael Ehline, writes about how to deal with this situation. In most instances, you didn’t try to get scratched. But Ehline Law is here to help press charges against the dog owner and deal with the insurance company or other organizations financially liable. Call us for a free consultation today by dialing (213) 596-9642.
First, let’s look at the Centers for Disease Control information. The CDC tracks the number of dog bites and scratches annually. They posted crucial information about these types of injuries here.
Furthermore, the CDC also posts related dog injuries, such as dog bites. More info can be seen here. There are multiple means by which a dog bite or animal scratch can cause damage in or outside the presence of a dog owner. One is due to the infection of the victim, bitten or not. Another is due to the risk of rabies.
As the mammal most in contact with people, dogs are the leading cause of the spread of rabies. Rabies is a terminal disease and one that should be taken as seriously as possible by the negligence victim, even if scratched by a small puppy who escaped the side door, hole in a fence, or roamed in a public space like a dog park.
The CDC evidence shows that scratches are less likely to spread the disease than biting, but both should be taken seriously as the victim could still be killed in rare cases. This is especially the case when dealing with an exchange of fluid, saliva, or blood. Approximately 800,000 Americans are affected by dog bites annually.
Thousands are affected by dog scratches annually. A dog bite is often a significant concern as well. But the rules are still the same if you suffered a dog attack. The dog owner is strictly liable if the dog attacked an innocent person, bitten or not bitten. The more we know, the better. Fighting the effects of a dog bite or dog scratches is crucial.
Dog scratches often seem like a less serious issue than bites. In some ways, they are. That being said, the substantial risk for adults and children injured by a dog is still. In some cases, this is due to an aggressive dog due to rabies. In other cases, dogs will attack a person that they do not know, like a mail carrier. For others, it is due to a lack of training.
Regardless of the cause, a scratch can be a major issue. This goes even more so for children. Dog scratches can range from a superficial wound to something that breaks the skin. When combined with dog bites, there are occasions where this is potentially fatal. For the average person, there is always a risk that a dog may become hostile. The more knowledge you have before an attack, the better can avoid emotional trauma, bodily injuries, and property damage caused by other dogs.
Treating dog scratches or some other injury sustained all comes back to the topic of severity. Some scratches are treatable at home. Often, the area should be washed extensively with soap and water. It should then be treated with an anti-septic. This is often alcohol, hydrogen peroxide, or iodine. In certain circumstances, the dog owner is often familiar with this issue, whether due to scratches or a dog bite.
You or a loved one should go to the doctor for more severe scratches. Some scratches can wait for a regularly scheduled appointment. This is important to remember for scratch victims and dog owners alike. In other cases, the scratch should be treated as an emergency. The doctor will be able to handle the matter appropriately.
In some cases, there will be a simple cleaning of the site. In others, there will be a need for stitches. Your doctor will also be able to administer a rabies shot if needed. Your doctor will know what to do. If you are not sure, you should seek medical treatment.
This is a common topic and one that should be taken seriously. For some, the answer is medical treatment. However, there are often long-term issues related to a dog scratch, especially if it gets infected. If you or a loved one are at risk of being infected by rabies, special attention is necessary to avoid a much worse disease– and outcome.
One of the most common responses after medical treatment is to contact a skilled personal injury attorney. A specialized attorney will have the experience to handle and prove every element of what you or the scratched person will face. Their expertise in law school, with animals and the courtroom, will be crucial to the victim, bitten or not.
In some circumstances, there is a need for compensation for such injuries. Medical bills are often quite hefty, especially if uninsured or underinsured. They will rack up quickly and could become a major burden for your family. This is especially the case when the injuries continue over a long period. Serious infections, such as staph infection, are a serious concern.
Earlier, we wrote about some potential injuries that could be caused by danger from dog scratches or while chasing you, jumping on you, and knocking you down. Dog owners and those who come in contact with their pets should know this. Because of the seriousness of fangs and tooth bites, dog scratches can be overlooked. Rabies is a concern, as written about above. The pain and suffering go beyond this for the injured person, especially with dog attacks by dangerous breeds or scary breeds like Pitbulls and Rottweilers.
We have more info about that below.
Whether you are dealing with the case of a severe dog scratch or a dog bite, you should make sure that all of your bases are covered. Often, after medical treatment, this includes the contracting of a skilled personal injury lawyer.
Above, we wrote about the importance of such an attorney. Below we will write about some of the key reasons that such an attorney will be important to where you are headed next. There is a good rule of thumb in cases like this– if you are not sure, you should contact an attorney. We will show below why and how this is a good idea.
Attorneys who work on a contingency charge different rates, but one of the most common is one-third of the overall recovery. This means that the injured person will have the necessary amount to handle all of the effects of the injury– both when it comes to physical healing and for the bills that the damage of the dog bite or dog scratch needs. Choosing an attorney working on contingency that understands the dog bite statutes is crucial.
In almost all states, no compensation is allowed in negligence cases for any emotional trauma or harm to the injured animal or the person losing their companion animals, even if they perceive the injuries as they occur.
You are working with you. You may be tempted to use your old real estate attorney. This may be the case, especially if you are the dog owner in question. However, dog owners or the injured each have different concerns. Having an attorney always available to you and your family who can also competently deal with the dog owner’s insurance company remains critical.
Some attorneys will work with you through anything you need. In some cases, they will cover the cost of medical expenses upfront. In others, they can pre-pay for future medical expenses. This can be the critical element needed to help your family recover in the way it needs to. Don’t discount it during a time of need for non-dog bite attacks.
Either way, the private property owner or dog owner has a legal responsibility to compensate the person injured, especially if the dog owner knew one of their pets bites people or their large dog’s actions caused terrible scratches.
Whether it’s a small dog or a large dog, we can assist you in pursuing liability insurance money. Once you form an attorney-client relationship with us, we can help you recover financially for any injuries caused. If the settlement offer is too low, we can help you file a civil lawsuit against those legally responsible for causing your puncture wounds, lost wages, emotional distress, and other injuries a dog caused.
Fortunately, this one is easy– the Ehline Law Firm APLC. The firm has multiple offices up and down the Pacific Coast. And, even better, it has the best experience regarding dog bite cases coupled with severe injuries. This is the case for injured and unreasonably careless dog owners. Having the ability to handle dog bite and dog scratch cases are going to be the best possible feather in your cap.
The Ehline Law Firm’s lawyers are virtuously and competently led by Michael Ehline, a disabled Marine Corps veteran. He is a man who built the best team in Southern California. His military experience also showed him the importance of never giving up on your friends and comrades. He will not ask for a penny or give up one inch until he has won money damages for you in the face of the dog owner’s carelessness.
Not sure what to decide on after dealing with all this trauma from an infection after a dog attack? Look no further than his millions recovered for clients in various personal injury cases. He is there in cases of a dog bite or a dog scratch. He is there for you. He is the best option when recovering from a scratch or a dog bite.
Don’t blow the typical two-year statute of limitations and become time-barred from suing the negligent party. Reach out to Mr. Ehline or contact one of his star attorneys for more info. If we can’t win a significant settlement, we’ll bring your suffering before the judge and jury. If you have any questions, he can be reached at email@example.com.
Michael is a managing partner at the nationwide Ehline Law Firm, Personal Injury Attorneys, APLC. He’s an inactive Marine and became a lawyer in the California State Bar Law Office Study Program, later receiving his J.D. from UWLA School of Law. Michael has won some of the world’s largest motorcycle accident settlements.