Protect Yourself Against Pit Bull and Other Dog Bites
In light of pit bull attacks in the Bay Area, an article in SF Weekly examined different ways to handle dog attacks. The author mentioned that putting a wallet, tree branch, or cell phone into a pit bull’s mouth is the best way to release its bite during an attack. Additionally, if you are being attacked, another solution is to escape into your car if it is nearby.
California Law on Animal Attacks
In California there is strict legal liability against dog owners if their pet harms a person. This means that the dog owner is responsible regardless of how careful the owner was in restraining their pet or whether the owner knew that the dog was prone to attack and bite people.
There is no “one bite” rule in California. The “one bite” rule in other states essentially says that until the dog first bites someone, the owner is not strictly liable for the attacks because he was unaware that the dog had vicious tendencies. But since California does not have this rule, even if you were attacked by a dog that had never hurt anyone before, your claims can be vindicated in a court of law.
Bay Area Pit Bull Attacks
In March of 2012, a police officer in Fairfax was attacked by a pit bull and earlier in April of the same year a pregnant woman in Pacifica was killed when a pit bull attacked her. Later in n May, toddlers in both Concord and Castro Valley were each attacked by a pit bull.
In 2011, there were 397 reported dog bites in San Francisco. Of those, 92 were caused by pit bulls. While a member of SFPD’s Vicious and Dangerous Dog unit estimated that pit bulls account for 20 to 30 percent of reported dog attacks, he also mentioned that people are more likely to report a dog bite from a pit bull than from a smaller dog.
San Francisco Dog Bite Laws
San Francisco was actually the first city to mandate sterilization for pit bulls after Nicholas Faibish, a 12-year-old-boy, was killed in a pit bull attack in 2006. Some 40 cities throughout California now also have this mandatory sterilization law in place for pit bulls. While cities such as Miami and Denver have banned pit bulls, many observers do not think San Francisco would go that far, since the City is one of the most dog-friendly cities in the country.
What to do if You’re Attacked by a Dog?
If you were attacked by a dog, our San Francisco dog bite attorneys often advise that California laws are likely in your favor if you go to court. To have a successful case, a plaintiff will have to show that the defendant in the lawsuit owned the dog; that the plaintiff was bit while lawfully on private property or in a public space; that the plaintiff suffered a harm; and that the dog substantially caused that harm.
Ask a Lawyer Specializing in Dog Bites
If you have been attacked by a dog recently and are not sure of your options, call one of our San Francisco injury attorneys today to get the best legal advice on animal attacks. Our experienced attorneys know what it takes and can help you recover from this difficult situation.
Boone Callaway is a personal injury & medical malpractice lawyer in San Francisco who has been working with clients in the Bay Area for over 25 years. Mr. Callaway is one of only a few personal injury litigators in San Francisco who is a Super Lawyer, AV Rated and is also a member of ABOTA – American Board of Trial Advocates.
