What To Do If Your Dog Bites Someone
No one wants to think about their dog biting someone, but it's important to know what to do if it happens.
California is a strict liability state for dog bites, meaning defendants in dog bite cases (usually the dog owner) are often automatically liable for damages caused, including when their dog is under the care of a dog walker or housesitter.
A dog owner can even be held liable if a dog bite caused another person to fall after closing their jaws around clothing or limbs, even if the bite failed to break the skin.
That’s why taking the right steps after your dog bites someone can make a big difference in whether or not you can protect yourself and your dog from a potential lawsuit or having to put your dog down.
Don’t Flee, Be Nice, and Offer to Pay Medical Expenses
In some states, fleeing the scene of a dog bite is illegal, and in California, you can be fined $100 for doing so, so this should never be an option.
Should you ever find yourself in this situation, it’s far better to act responsibly and help the victim. Here’s what we would recommend:
Be nice and try not to argue or accuse. Since the victim will have to decide whether to hire a lawyer and pursue you for damages, being nice can make all the difference in how things turn out for you and your dog.
Exchange information to open a clear line of communication.
Offer to take the person to the hospital and pay their medical bills.
Protect others from your dog by confining it or quarantining it at home.
If the bite is serious, notify your homeowner’s or renter’s insurance company or broker about the incident. Typically, your insurance will cover you in the event of a lawsuit.
Depending on the situation and the severity of the bite, you may be concerned about whether or not your dog is safe for your family or friends to be around afterward.
To learn more about how to gauge the severity of the bite your dog has given someone, please read our blog post, When a Dog Bite Has You Thinking Twice About Your Dog.
What Might Happen To Your Dog And You After A Dog Bite
Depending on the details of the bite incident, the victim may report your dog to animal services. If this happens be sure to cooperate with the investigation.
In Los Angeles County, the first time your dog bites someone, you will be asked to quarantine them in your home for 10 days and provide proof of rabies vaccination, to prevent the victim from having to get rabies treatment. If your dog is not vaccinated for rabies, the bite victim may have to undergo rabies treatment and can pursue you for damages afterward.
Once the quarantine period is over, you can only hope the victim decides not to take you to court.
Since California has a “strict liability statute” when it comes to dog attacks, dog owners are responsible for the actions of their dogs, and there are very few exceptions to this rule. If your dog bites someone, whether on your property or not, you are liable.
If the attack happened because of an intruder, different rules could apply, but generally speaking, any dog bite in California is considered the dog owner’s fault whether or not your dog has ever bitten someone before.
That means you can't argue that you didn't know your dog could be dangerous, or that you took care to prevent your dog from hurting someone.
The only exception would be if your dog bites a veterinarian or vet assistant during treatment - California courts have held that owners are generally exempt from liability in these situations.
Can a Dog Be Euthanized in California?
According to California personal injury law, a dog is considered potentially dangerous if it attacks another human or animal twice in a three-year period. It must have forced someone to defend themselves from aggressive behavior, bitten someone without being provoked, and caused minor injuries. The owner is then required by law to keep it behind a fence or indoors.
But if a dog has severely injured or killed a human without being provoked, its classification is upgraded to vicious. The court may also declare it so in other circumstances. In this situation, the owner must attend a hearing, where a judge will determine if it should be moved to animal control and euthanized as an extreme safety measure.
Dog Bite Prevention
Every year in the United States, pet dogs bite an estimated 4.5 million people.
One out of five of those people require medical attention, according to the Centers for Disease Control.
Half of the people bitten by dogs are children between the ages of 5 and 9 years old.
Most dogs bite people they know.
Your dog can bite someone anywhere at any time. Even if your dog has never shown signs of aggression, something can happen that can trigger your dog to react with a bite.
You can do a lot to reduce the chances of your dog biting someone by following these guidelines:
Don’t ignore signs of aggression. If your dog snarls, growls, or barks aggressively at someone in your family, or a person who has been welcomed by you into your home or on your property, seek help from a professional dog trainer.
Keep your dog securely confined when outside in your yard. Dogs can become aggressive to passersby and may bite if they break out of the yard.
Supervise young children. Keep an eye on kids when they are around your dog, especially if they are visitors. Children who are unfamiliar with how to behave around dogs are most at risk.
Teach your kids about canine body language. A still, tense body, pulled-back ears, an intense stare, backing away, and growling are all reasons to leave a dog alone.
Vaccinate. Make sure your dog is up-to-date on all vaccines, especially rabies.
As a dog owner, it’s important to know the laws in your state regarding dog bites just in case an incident occurs with your dog. Remember that by showing compassion to the victim and behaving in a responsible manner, you can do a lot to reduce the impact of your dog’s behavior if they bite someone.
About the Author:
Alexandra Bassett is a professional dog trainer and the owner of Dog Savvy, a positive dog training company specializing in game-based dog training and solving problem dog behaviors.
She has worked with aggressive dogs for over 10 years and is available for behavior consultations and online dog training sessions via Zoom.
To discuss your dog’s behavior with Alexandra, please book a private consultation by clicking here.
If you would like to support Alexandra’s efforts to help reactive and aggressive dogs, please visit her fundraiser on GoFundMe.
