Can Animal Control Be Liable For a Dog Bite in California?

If you spend any time out and about in California, it’s likely that you’ll come across a number of dogs. Most of the time, this means interacting with them at or near where they live. One of the most common reasons dogs bite people is their natural instinct to protect their owners and what they consider their territory.

In the state of California, dog owners are held responsible for any harm caused by their dogs. Dealing with dog bite cases, however, can sometimes be challenging. This is true if the dog isn’t directly owned by a person and is instead under the care of local animal control. That’s why it’s crucial to have a clear understanding of your legal options and the ways the right legal team can support you.

At the Law Offices of Matthew J. Quinlan, our team of San Francisco dog bite lawyers has been helping victims of dog attacks in the surrounding area for years. We will evaluate your case, figure out who is responsible, and lead you through the legal procedures to make sure you receive the necessary treatment and support you need to recover. If you or a family member has been injured in a dog bite incident, contact us today for a free consultation.

California Dog Bite Law and Animal Control

When a dog bite happens somewhere in California, the law is very clear on who is responsible: the dog’s owner. However, in scenarios where the dog is under the control of animal control, it raises an interesting question regarding liability. Generally speaking, animal control agencies in California play a crucial role in regulating and ensuring the safety of dogs and the public.

This, obviously, brings them in contact with not only a huge amount of dogs, but also in the investigation and enforcement of regulations relating to bite incidents. Even though the dog’s owner is liable for covering injuries and damages in a bite incident, there are exceptional circumstances in which animal control might share some responsibility for a dog bite incident. These circumstances are quite rare but could include:

Negligent handling – If an animal control officer is directly involved in the mishandling of a dog, leading to a bite, they may be held accountable for their negligence. For example, if an officer fails to properly secure a dangerous dog while in their custody, and that dog bites someone as a result, the officer may be liable.
Not following proper procedure – If it can be proven that the animal control agency did not follow established procedures or failed to adequately respond to known dangerous dogs, and this negligence contributed to a dog bite incident, there might be a basis for liability.
Misrepresentation – If animal control provides inaccurate or misleading information about a dog’s behavior or history, and this misinformation leads to a dog bite, they could be held partially responsible.

It’s worth mentioning that such situations are rare and would demand significant proof of negligence on the part of animal control. With that said, it’s not out of the realm of responsibility that such a scenario could happen to you or a loved one. That’s why it’s crucial to know how to respond.

Responding to a Dog Bite in California

No matter what leads to a dog biting you in California, the way you respond to the incident is crucial, both to your overall health and to your legal rights. While every incident gives rise to its own unique circumstances, what you’ll need to do in the aftermath is usually the same:

Seek medical care – Your first step after a dog bite in Salinas should be seeking immediate medical attention. Even seemingly minor wounds should be examined by a healthcare professional to assess infection risks and potential complications.
Report the incident – After receiving medical care, report the bite to the authorities. If animal control is involved, make sure to get all the information you can from them.
Gather information – If possible, obtain the dog owner’s name and contact details, along with any witnesses to the bite. This information is crucial for potential legal claims.
Document the bite – Document your injuries by taking photographs and maintaining a record of your medical treatment, including the names and contact information of healthcare providers. This documentation is vital for assessing the extent of your injuries.

Lastly, and perhaps most importantly in a scenario where animal control is involved, it’s in your best interest to consult with our team of dog bite lawyers to explore your legal options. If you’ve sustained significant injuries from the dog bite, you may have mounting expenses and medical bills that require legal support.

Understanding Your Legal Options After a California Dog Bite

As you can see, dog bites in California can occur in various situations. However, when it comes to your legal options, it largely depends on the specifics of your case. Legally speaking, though, a dog bite affords you a number of options:

Filing an insurance claim – Many homeowners’ insurance policies cover dog bites. Victims can potentially file a claim with the dog owner’s insurance company to receive compensation for medical expenses, lost income, and other related damages.
Personal injury lawsuit – In cases where the insurance claim is denied or doesn’t provide adequate compensation, you may have the option to file a lawsuit against the dog owner. In a lawsuit, you can pursue compensation for your injuries, as well as punitive damages if the owner’s behavior was particularly negligent.
Claim against animal control – If the dog bite occurs because of animal control’s failure to enforce leash laws or regulations, you might be able to file a claim against the city or county to seek compensation.

Damages

Dog bite cases can be intricate, especially involving a government agency. Our team of experienced personal injury lawyers can provide valuable assistance. We can help you explore your legal options and determine the best approach for your unique situation.

Overall, though, the ultimate goal of filing a claim is to recover damages from the liable parties. This holds significance because a dog bite in California often results in injuries necessitating medical care, which entails both time and expenses. Any claim you make will consider these specific damages, but they can include:

Medical expenses and ongoing treatment, including rehabilitation.
Pain and suffering.
Emotional distress.
Lost income.
Property damage stemming from the incident, such as damaged personal items like phones, clothing, or sunglasses.
Punitive damages if the dog owner or animal control’s conduct was notably negligent.

While these damages are available in every dog bite case in California, it’s essential to grasp that to get them, you must file a claim. Our team boasts extensive experience in guiding clients through this sometimes challenging process, which typically involves the following steps:

Investigation – Following our initial consultation with you, our lawyers will assist in investigating the circumstances surrounding the dog bite. This typically involves collecting evidence and interviewing witnesses.
Demand letter – Once we’ve helped you gather all necessary information, we will craft a demand letter addressed to the owner’s insurance company. This letter will outline the damages you’re going after. It will also contain a formal settlement offer to an insurance company.
Negotiation – The responsible insurance company may respond to your demand letter with a counteroffer or may not respond at all. Irrespective of their stance, our experienced team will negotiate with the insurance company on your behalf in an attempt to achieve a fair settlement.
Litigation – If a settlement cannot be reached through negotiation, we may initiate a lawsuit on your behalf. The case may be resolved through mediation or a trial, and we will manage all the case-related responsibilities associated with a lawsuit.

It’s crucial to recognize that the claims process can differ based on the specific circumstances of your case. Working with our team is vital to safeguard your rights and secure fair financial support for your damages.

Contact MJQ Law Right Away After a California Dog Bite

For skilled representation following a dog bite, reach out to MJQ Law. We can assist in navigating the intricate claims process, collecting evidence to bolster your case, and negotiating with the insurance company on your behalf. By partnering with our team, you can rest assured that your rights are protected, and you receive the rightful financial support for your injuries and losses. Contact us today to schedule a free consultation and learn more about how we can help you.