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Animal law

Animal law refers to the laws regulating how humans can interact with animals. These laws may be civil or criminal, and have a wide range of applications.

Ahmed O Khalil | Aug 13, 2019

Dog Bites Fall under Strict Liability in California

Preventative Measures for Dog Owners So what can a dog owner do to protect themselves? While there are no steadfast rules to protecting yourself from dog bite claims, we have found that the following list of proactive steps should be taken by all dog owners: 1) Keep your dog on a leash 2) Make sure that your backyard fencing and gates are of a proper height. 3) Do not allow others to pet your dog if your dog displays any signs of frustration, aggression or irritation. 4) Study your dog’s moods and learn why or when they may bite. 5) Always supervise your dog 6) Get regular checkups for your dog with a veterinarian. 7) Hire a professional to train your dog Preventative Measures for Dog Lovers If, like us, you are a dog lover. There are various ways that you can reduce the risk that you will be bitten by a dog. A good list of preventive measures is below: 1) Always ask the dog’s owner before approaching or petting the dog 2) Approach dogs slowly and calmly 3) Allow the dog to sniff your hand and become familiar with you. 4) Do not approach a stray dog 5) Do not run away from a dog. 6) Do not make loud noises around a dog. 7) Do not play with a dog in an aggressive manner. 8) Avoid direct eye contact with the dog. 9) Avoid panicking if the dog is overly excited or aggressive What do I do if I am bitten by a dog? California Civil Code Section 3342 states that “the owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.” As you can see, the strict liability guidelines make virtually any dog bite compensable under California law. For this reason, serious precautions should be taken by dog owners, dog lovers and everyday residents alike. If you are bitten by a dog, seek medical care immediately. Like other personal injury claims, medical care is of paramount importance. Once your injuries are stable, make sure to keep a log of exactly hat happened, where it happened, whether or not anyone witnessed the incident, photos and video of the location of the incident and your injuries, etc. Thereafter, we always recommend that you contact a personal injury lawyer for further information regarding your rights and responsibilities.

Kurt Brett London | Jan 22, 2019

Injured by a dog (“a dog bite case”) . . . now what?

What are "dog bite" cases? It is a common misconception that injuries caused by dogs must only involve a dog bite. While dog bites are certainly more common than other injuries, they are not the only injuries that are entitled to legal relief. In Utah, dog bites and injuries are strict liability claims. This means that liability does not depend on actual negligence or intent to harm. It isn*t necessary to allege or prove that the dog has previously been violent. However, if the owner or keeper is aware of the violent nature of the dog, it may increase the financial settlement with the insurance. Typically such cases are compensated from the home owners or renters insurance. It doesn*t matter if the injury occurred in or around the home of the owner or keeper of the dog. This is important to note as people tend to take their dogs on many recreational activities such as hiking and camping. A dog injured me, what now? So if you were bitten or injured from a dog, what are your next steps? First, contact the local animal control over the jurisdiction where the injury occurred. They should conduct an investigation and create an official report. This report should include the identity of the owner or keeper of the dog. Second, seek immediate medical attention. Whatever medical attention that is reasonable and necessary for you to recover, should be pursued. Particularly in cases of dog bites where the skin has been broken, immediate medical attention at a local emergency room is extremely important. There is a high risk of infection and possible transfer of infectious diseases such as rabies. Third, take sure to document all of your injuries. Take detailed photographs of the injury even as it starts to heal. Lastly, contact an experienced local personal injury attorney to assist you in obtaining the compensation that you deserve.

Jared Reed Richards | Nov 14, 2018

Do Dog Bite Laws In Nevada Need to Change?

Personal injury attorney, Jared Richards, discusses dog bite and dog attack laws, how the criminal statute affects civil liability, and more: Just kind of, let’s start really broad and general. Every time a dog bites a person, is the dog owner liable or how does that how does the law kind of even start to work on this? Before we even get to the fatality, if you’re just jogging along and somebody else is jogging with their dog the opposite direction, and that dog bites your ankle? Jared Richards: Right. First of all, tragic, tragic occurrence, and our heart goes out to the family of the boy. In general, we don’t have any specific statutes that address the negligence aspect of dog bite liability. We have some criminal statutes, but it’s not for general negligence, which means we just go under general negligence law which we call just General Negligence Common Law. Jordan Flake: There is not some statute that says, “This is dog bite law, NRS1774 in Nevada. There is just we go under what happened in previous cases? Jared Richards: Right. Kind of. Jordan Flake: Okay. Jared Richards: There is a criminal statute, and if you violate the criminal statute then you automatically are going to be liable for damages that are done when you violate the criminal statute. You don’t have to violate the criminal statue … Jordan Flake: In order to be held … Jared Richards: In order to be held responsible. Jordan Flake: Okay. Jared Richards: Right, but if you violate the criminal statue your [inaudible 00:02:16]. Jordan Flake: What is …? Jared Richards: What it is is everybody has the duty to act as a reasonably safe and prudent person. It’s my duty, it’s your duty, it’s everybody’s duty at all times. Jordan Flake: Which is why we can’t drive recklessly. Jared Richards: That’s why we can’t drive recklessly, we can’t drive drunk, we can’t drive distracted. We have to follow the basic safety rules of society as a reasonably prudent, safe person would do. Now, if we breach that duty and as a result of us breaching that duty somebody gets hurt then we’re on the hook for the damage that we’ve caused. In the case of a dog the question is going to be up to the jury of what would a reasonably prudent and safe person, as an owner, have done in that situation? This is where we get into questions about whether the one bite rule would apply or not? The one bite rule is a traditional common law doctrine where the owner isn’t going to be responsible until the animal has actually attacked somebody at least once before because they don’t know that the animal is dangerous. I don’t know that would actually apply here. What’s really a jury is going to at and say was there sufficient notice to this particular owner that this particular dog was dangerous? Jordan Flake: Just so everyone knows out there, the background also on this is that that dog was previously cited for attacking another dog. Jared Richards: Right. Jordan Flake: The question is, does that constitute sufficient notice so that the owner of the dog would have said, “You know what if a guest is coming to my home or if the front door is open and we’re just dealing with the screen door I better make sure this pit bull is restrained because somebody could come to the door and freak my dog out.” Jared Richards: If you’re the person who owns the dog or if you’re the insurance company, like the homeowner’s insurance that’s backing up the dog, you’ve got to be careful about that because you’re going to have a lot of juries out there that might think that. If it’s already attacked another animal then it might attack a human. But, there might be juries that think the other way around. It really is going to depend on what the ultimate juries believe. What they think was proper notice to the owner that this was a potentially dangerous animal. Now, the criminal statute is a little bit different. The criminal statue defines animals under two different varieties, under dangerous and vicious. Dangerous means that when it’s provoked it’s going to get defensive. Vicious means … Jordan Flake: It goes out looking for trouble. Jared Richards: Yeah, it goes out looking for trouble. You don’t need to provoke it. Once it’s been either cited as a vicious animal or you observed it be a vicious animal and you’ve seen it go out and bite then you have seven days, you can’t transfer it and you have seven days to get rid of it. If you don’t do that and somebody gets hurt then you’ve committed a misdemeanor. You’ve actually violated criminal law and you are, what we call, negligent to per se. You are just … The law’s going to assume that you’ve breached it. Jordan Flake: That’s if they’re vicious? Jared Richards: If the dog is vicious. Jordan Flake: It seems, kind of, actually light because if you know your dog’s basically a weapon … Jared Richards: Yeah, and that makes sense. If you’ve gone to the point where you’re actually committing misdemeanors then you’re going to be held viable. You don’t have to actually get to the point of committing the misdemeanor to be held liable. You don’t have to know that you’re dog is vicious. You have to know that the dog is vicious before you get criminally cited. To be civilly liable all you have to know is … Jordan Flake: The dog is dangerous. Jared Richards: You have to act as a reasonably sane person would act. Jordan Flake: It’s interesting, the records show in Clark County that there’s been like 154 complaints made against dogs and only nine have been characterized as dangerous of those 154 that we kept records of and zero have been classified as vicious. I think it’s a pretty rare, apparently, a pretty rare classification. Jared Richards: That’s interesting. Does that mean that there just aren’t that many vicious animals out there or … Jordan Flake: Do the standards need to change to where … Jared Richards: Or do the people who are enforcing the standards just not actually enforce them? Jordan Flake: Right and that’s going to be the issue going forward here is people are going to look at this case and they’re going to say, “Well, what went wrong? This dog was already cited as having bit another dog and we have a …” The thing that we have here is a deceased child. That’s a total tragedy. Jared Richards: Right, that kid is dead. Jordan Flake: It’s just … When I heard about this story I was just shocked. He’s nine. He’s a nine-year-old kid killed by a dog. Jared Richards: What’s interesting is that for a while there was a movement, again in various states, when you have a vicious breed of animal like a pit bull, an ultra-aggressive breed of animal or at least the public might perceive as ultra-aggressive that the owner is just going to be assumed to be already on notice that this is a dangerous animal and so they’re going to be liable in tort the first time the thing attacks because they’re going to assume they’re already on notice. Jordan Flake: You buy a pit bull you know you’re buying a pit bull and you know what you’re doing. Jared Richards: There’s been a counter movement in the past couple of years where you’ve had certain states that pass anti-discrimination laws against breeds of animals. I know that Nevada has also implemented that to a certain extent in the criminal statue. It does make you wonder how that would play in the tort. Can a jury still assume that, I don’t know if you buy a Rottweiler or you buy a pit bull, you buy a mountain lion, that at some point you have notice that the animal you bought does pose a danger to others just because of it’s breed. Jordan Flake: It’s very, very interesting and I think very fertile for academic discussion is it’s obviously very unethical to look at race in human beings as a measure of whether or not there’s a potential for them to a commit a crime. Jared Richards: We tend to anthropomorphize, I’m going to screw up the word, these animals and although … Listen, I like animals too. I like dogs. They have feelings too. However … Jordan Flake: The stats don’t like. Pit bulls kill humans. They do. I just looked at the stats. It’s incredible. Pit bulls are the ones that … It’s overwhelmingly 70% children but they’re being by a lot of pit bulls and … Jared Richards: Significantly more pit bulls have killed … Jordan Flake: Than Golden Retrievers. Jared Richards: Or Poodles. Jordan Flake: Or Poodles or Chihuahuas. It turns out there … Jared Richards: Not that many Chihuahua deaths. Jordan Flake: Okay, so maybe last point here, the kid’s name was Derion Stevenson. If the Stevenson’s were to come into your office and talk to you about this case and they said, “Hey listen, we’re going throw unimaginable pain and suffering. We have his funeral costs and it’s just been horrible for us. What are our prospects for recovering in this case. What insurances are out there?” Jared Richards: That’s an interesting question because the natural insurance that you would assume would apply would be the homeowner’s insurance. Most people in the State of Nevada or the United States of the world don’t really have enough assets to cover an injury like this. My goodness, the boy is dead. Unless you’re Wal-Mart you’re probably not going to have the kind of money to really truly compensate this family, not that money can. You won’t have the kind of money to truly compensate. What you’d look at first is the homeowner’s insurance. The problem you’re going to have and something you have to look at is there are certain homeowner’s insurances that specifically exclude coverage of what the insurance company defines as vicious animals. Jordan Flake: Which may be different that the state definition, by the way. Jared Richards: Right. If I’m going to rely on statistics I’m probably going to rely on the statistics of insurance companies excluding then the state because … Jordan Flake: Absolutely. Jared Richards: Insurance companies are, sorry, cold heart less data driven beasts where this state … Jordan Flake: The odd makers and actuaries know their stuff. Jared Richards: The state does as well. Jordan Flake: The state, yeah, a lot of interest and so forth. Jared Richards: A lot of political interest going on. The first danger is is this specifically excluded by the insurance policy and if it is, and this is research I haven’t done, is it even allowed to exclude this then there may be additional umbrella insurance. After that you need to make the decision, do you go after the actual personal assets of the family and if you did would they just file bankruptcy? At that point even though you’ve lost a child, which is horrible, trying to take away all the property of somebody else also ruins their life. It may not make your life better. Those are all things that are difficult to weigh and sometimes it’s right and sometimes it’s not. Those are all things that that person, they need an attorney. They just need one. Jordan Flake: Absolutely. Jared Richards: Whatever attorney they go to they should go to one that has experience in personal injury, preferably experience in animal tort and that is compassionate enough they could actually try to walk them through some of these very, very difficult choices and issues that they’re going to have to deal with.

James Edward Leano | May 16, 2018

Florida Personal Injury - Dog Bite

Florida Statute 767.04 - Dog owner*s liability for damages to persons bitten. The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners* knowledge of such viciousness. However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person*s negligence contributed to the biting incident. A person is lawfully upon private property of such owner within the meaning of this act when the person is on such property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or when the person is on such property upon invitation, expressed or implied, of the owner. However, the owner is not liable, except as to a person under the age of 6, or unless the damages are proximately caused by a negligent act or omission of the owner, if at the time of any such injury the owner had displayed in a prominent place on his or her premises a sign easily readable including the words *Bad Dog.* The remedy provided by this section is in addition to and cumulative with any other remedy provided by statute or common law. What does this mean? Essentially, this statute means that in almost all situations in Florida the owner of the dog is liable for the actions of their pet. One potential exception is if a sign reading *Bad Dog* was obviously present and the bite occurred on their own property, as this constitutes a fair warning that the dog was likely to bite. Negligence can also be borne by the person who was bitten if they somehow contributed to the situation, such as agitating the dog intentionally. However, in most cases, it is strictly the responsibility of the owner to prevent a dog bite or suffer the consequences. What to do if you have been bitten The first thing to do after being bitten by a dog, or any animal, is to seek professional medical attention. Whether it*s a pet or a stray, immediately getting the rabies vaccination and other antibiotics are crucial. Even if the dog is up to date on its own shots, you don*t want to take the risk of getting a serious infection. If the bite has broken the skin, you may need stitches or other treatment to make sure it heals correctly. Calling Animal Control to report the bite is also necessary. Having an incident report properly filed will make your claim much easier. Finally, contact a Board Certified personal injury attorney. They will help you make a recovery from the at-fault party and set you on the path towards normalcy.