There were approximately 78 million dogs in the United States in 2016.
81% of dog bites do not result in injury or they only result in minor injury.
About 900,000 of these bite wounds become infected.
While many people fear being bitten by a dog, most don’t know how common dog bites really are. According to the Centers for Disease Control, there are about 4.5 million dog bites each year in the United States. Just under a million of those bites become infected.
When you take into account the population of the country, that means that about 1 out of every 72 people is bitten by a dog each year, and those are just the bites that are reported.
The thought of being bitten by a dog strikes fear in the heart of many people. It’s less scary when you have information on your side, however. You know that you are more likely to be bitten by a pitbull than any other breed of dog. But wait. What if you’re wrong? Even though they are thought of as the most aggressive dogs, the numbers tell a different story.
The CDC stopped keeping records of attacks by specific breed of dog in the late 90s so it can be difficult to say without a doubt which dog is the most aggressive. According to a recent article in The Atlantic, the numbers point to the Chihuahua as being more likely to bite than any other dog.
There is a group called the American Temperament Test Society that performs temperament tests around the country, typically at dog shows or gatherings. The test, which simulates a normal walk through a park or neighborhood, aims to gauge how shy, friendly or aggressive a dog is. As of early 2016, the group had tested more than 30,000 dogs at their owners’ request. The average pass rate is 83.4 percent.
Taking a look at the latest data available for dog breeds people are most likely to have in their homes as pets:
Scottish Terriers had a pass rate of 65.7 percent.
Basenjis had pass rate of 68.9 percent.
Chihuahuas had a pass rate of 69.6 percent.
On the other hand, dogs often thought to comprise the most aggressive dog breeds had the following pass rates:
Rottweiler: 84.7 percent
German shepherd: 85.3 percent
American Staffordshire terrier: 85.5 percent
American pit bull terrier: 87.4 percent
In short, these bigger dog breeds who are often seen as aggressive were actually more friendly than other breeds. However, it’s important to note that any dog breed can be aggressive under the right (or wrong) circumstances.
Knowing why a dog may bite and which breed to watch is often the best way to protect yourself from an attack.
1. Why Dogs Bite
Dogs bite for a variety of reasons. We aren’t talking about play biting, but aggressive bites. A dog may bite when they are stressed, physically ill, to protect themselves or their owners, to protect their puppies or even when they feel threatened and can’t get away from a situation.
2. Breeds to Watch
There are dog breeds that bite the most and then there are breeds that have the strongest bites. These aren’t always the same. Chihuahuas, bulldogs, pit bulls, German shepherds and Australian shepherds round out the list of breeds most likely to bite.
Alternatively, the Kangal shepherd, English mastiff, wolfdog, rottweiler and African wild dog are often considered some of the most dangerous dog breeds and have the strongest bites. These lists are certainly not all inclusive. Any dog can bite, and any dog can cause injury.
3. Preventing Dog Bites
There are things you can do to decrease your chance of being bitten by a dog. Do not approach dogs you don’t know, especially those without a human owner in the immediate vicinity. If a dog approaches you, don’t run and don’t make eye contact.
Do not touch a dog while they are eating, drinking, sleeping or taking care of puppies. Never encourage your own dog to play in an aggressive way.
4. The Numbers
There are more than 70 million dogs in the United States. Most of the bites that are inflicted by dogs come from animals that have not been neutered or spayed.
A quarter of fatal dog attacks were inflicted by dogs that were chained or tethered to an object. You have only a 1 in 112,400 chance of incurring a fatal dog bite in your lifetime.
5. Insurance
Insurance agencies frequently ask what is the most aggressive dog breed in an effort to protect themselves from having to pay out lawsuits and provide adequate coverage. In most states, if your dog bites someone, you are liable.
Check your homeowner’s insurance policy to see if dog bites are covered. If you have a dog and aren’t currently covered, call your agent and find out how much it would be to protect yourself.
It’s important to understand that California adheres to the idea of strict liability. In states that follow the legal idea of strict liability, there are specific rules in place. A dog owner will be held liable in specific situations and events, regardless of their ability to prevent the bite from having occurred.
The defendant may be liable if their dog bit someone and:
The victim was legally permitted in or on the area where the attack occurred, and
The victim did not provoke the dog.
Under this legal concept, the owner of the dog does not have to know the history of the dog. Each case is considered unique. This means that if a person adopts a dog from a shelter and it bites someone the next day, the owner has no defense in saying that they were unaware the dog was aggressive or had a propensity to bite.
Speak to a San Luis Obispo Dog Bite Attorney Today
If you are bitten by a dog in San Luis Obispo and want to pursue your legal rights, reach out to our team. We will review the details of your incident and advise you of your options. You may be entitled to compensation for medical treatments and more.
State Farm recently released a report stating that residents of California experience more dog bites each year than people in any other state.
In 2017, 488 people made claims with the insurance company in California after being bitten by a dog. That number accounted for close to 14 percent of all dog bites in the United States for that year.
According to the Humane Society of the United States, there are ways that people can prevent dog bites.
1. Altering Your Pet
If you have a male dog, have him neutered. If you have a female dog, have her spayed. Altering pets makes them less prone to aggression. Pet owners should speak with their veterinarians to determine the best age of their pet with regards to undergoing the procedure.
2. Socialize the Dog
Some people make the mistake of thinking that their new puppy will automatically get along with people and other animals simply because of its breed or their past experience with pets. Dogs need to be exposed to things that are unfamiliar in order to reduce anxiety they may experience in the future when exposed to those same things.
A puppy should meet children, men, women and other people’s pets. The more you expose your puppy to and the more often it is allowed to participate in a variety of activities, the less likely it will be to bite out of fear or stress.
3. Know Your Dog
We would all love to take our dog to the beach. We all think it’s adorable when a dog plays with a baby. That doesn’t mean that your dog will ever be comfortable in those situations. If you know that certain people stress out your dog or some situations make it nervous, avoid those people or situations. You don’t want to ever put your dog in a situation where it feels it has no option but to lash out.
The tips above are great for people who own dogs, but what can you do? You don’t have a dog, but you’re worried about the possibility of being bitten. Using common sense is often your best defense. Don’t pet a dog you don’t know, always ask permission to pet a dog that is with its owner and if you are chased by a dog, don’t run. Instead, try to put a barrier between you and the animal.
One of the smartest things for anyone to do if they are concerned about the potential of being bitten by a dog is to learn a bit about canine body language. A dog will typically give a warning before it makes the decision to bite. Knowing what a dog is feeling before they bite is your best chance of prevention.
Speak to a San Luis Obispo Dog Bite Attorney Today
If you are bitten by a dog in San Luis Obispo, you have legal rights. Call our office today to discover your options when it comes to seeking compensation for medical bills and more. Our team is here for you.
Tort law is more commonly known to people as personal injury law. A person injured by another’s negligence or error is permitted to seek compensation for financial losses and other damages because of this area of law. A victim of a crime or intentional act also has the legal right to seek damages. Not every case of injury will result in a personal injury case. Here are some of the most common types of personal injury cases in San Luis Obispo.
Car Accidents
Injuries sustained in a car accident result in the greatest number of personal injury cases in the country. This is because when a car accident happens, someone was typically negligent or made some type of error. A person has a duty of care when they get behind the wheel of their car. A person who does not obey the rules of the road or operate their vehicle in a safe manner can cause an accident that results in someone’s injury or death.
Medical Malpractice
A medical malpractice claim is issued when a patient is harmed by a medical professional in some way. A medical malpractice case may be incredibly complex. This is why hiring an experienced attorney is necessary in order to receive fair and adequate compensation. A medical malpractice claim may arise out of a surgical mistake, medication error or a failure in the requirement of a medical professional to adhere to the currently accepted standard of care.
Slip and Fall
A slip and fall case may be filed when a person slips and falls on someone’s property if that property was not maintained in such a way that kept it free of hazards. For example, a person may trip over a crack in a sidewalk that the property owner was aware of. A property owner may not make a repair on a staircase, ultimately causing a person to slip and fall. Not all cases of a person coming off their feet will result in a lawsuit, but many do.
Dog Bites and Attacks
If your dog bites and injures someone, you are liable for those injuries in most states. Dog bites can damage skin and underlying tissue. Medical intervention is almost always necessary when a person is bitten or otherwise attacked by a dog, making this one of the most common reasons for a personal injury claim. In some states, there is a “one bite” rule. In other states, a dog must have shown aggression in the past for a victim to be legally able to file a lawsuit seeking compensation for their losses.
No matter how or why you have been injured in San Luis Obispo, if the cause was someone’s negligence or error, you may have a successful lawsuit on your hands. Reach out to our experienced team of personal injury attorneys today for a free case evaluation. We will help you determine if what happened to you is compensable under current state law. Call our office today to schedule your consultation.
While many people fear being bitten by a dog, most don’t know just how common dog bites really are. According to the Centers for Disease Control, there are about 4.5 million dog bites each year in the United States. Just under a million of those bites become infected. When you take into account the population of the country, that means that about 1 out of every 72 people is bitten by a dog each year, and those are just the bites that are reported. The thought of being bitten by a dog strikes fear in the heart of many people. It’s less scary when you have information on your side. Here are dog bite statistics that every person should be aware of.
1. Why Dogs Bite
Dogs bite for a variety of reasons. We aren’t talking about play biting, but aggressive bites. A dog may bite when they are stressed, physically ill, to protect themselves or their owners, to protect their puppies or even when they feel threatened and can’t get away from a situation.
2. Breeds to Watch
There are breeds that are more likely to bite, then there are breeds that have the strongest bites. These aren’t always the same. Chihuahuas, bulldogs, pit bulls, German shepherds and Australian shepherds round out the list of breeds most likely to bite.
Alternatively, the Kangal, English mastiff, wolfdog, rottweiler and African wild dog have the strongest bites. These lists are certainly not all inclusive. Any dog can bite, and any dog can cause injury.
3. Preventing Dog Bites
There are things you can do to decrease your chance of being bitten by a dog. Do not approach dogs you don’t know, especially those without a human owner in the immediate vicinity. If a dog approaches you, don’t run and don’t make eye contact. Do not touch a dog while they are eating, drinking, sleeping or taking care of puppies. Never encourage your own dog to play in an aggressive way.
4. The Numbers
There are more than 70 million dogs in the United States. Most of the bites that are inflicted by dogs come from animals that have not been neutered or spayed. A quarter of fatal dog attacks were inflicted by dogs that were chained or tethered to an object. You have only a 1 in 112,400 chance of incurring a fatal dog bite in your lifetime.
5. Insurance
In most states, if your dog bites someone, you are liable. Check your homeowner’s insurance policy to see if dog bites are covered. If you have a dog and aren’t currently covered, call your agent and find out how much it would be to protect yourself. If you are bitten by a dog in San Luis Obispo and want to pursue your legal rights, reach out to our team. We will review the details of your incident and advise you of your options. You may be entitled to compensation for medical treatments, therapies and more.
Being bitten by a dog is frightening. Whether you are bitten once or attacked, you can be severely injured and left with emotional scars. If you own a dog in California or you have been bitten by a dog, you should be aware of the state’s laws regarding dog bite liability.
Strict Liability
California has a dog bite law referred to as “strict liability.” This means that any victim who chooses to sue a dog owner after a bite will be compensated for their damages if they can prove it was that specific dog that attacked. The owner does not have to have knowledge of the dog’s being aggressive, and the dog does not have to have bitten in the past.
Under the premise of strict liability, the victim must be able to prove two things:
The victim was bitten, and
The victim was in a public place or was lawfully in a private place when bitten.
Lawfully in a private place means that the person was not trespassing. They were a guest in the home or had a reason to conduct business on the premises. A victim cannot sue after being bitten by a police or military dog under the guise of strict liability.
Dog Attack Without a Bite
Strict liability won’t help a victim who has been attacked and injured but not bitten. For example, you are riding your bike down the street and a dog chases you, biting your back tire. The dog biting your tire causes you to fall, injuring yourself. You won’t be protected by strict liability, but you could have other ways of seeking compensation.
In instances such as these, you will have a successful personal injury lawsuit if you can prove that the owner of the dog was negligent. Perhaps they didn’t have the dog on a leash. Maybe they were using a retractable leash and gave the dog too much slack. It’s not impossible to recover compensation in these types of instances, but you will have to provide more evidence.
Dangerous Dog Laws
In the case of dangerous dogs, or those that have attacked before, the owner may have to follow certain laws. For instance, the owner may have to keep the dog indoors, only letting it out on a secured leash or into a fenced yard. When an owner fails to abide by these court orders, they may be fined.
In California, a dog may be considered dangerous if it has:
Bitten without being provoked, resulting in severe injury;
Been off its property and forced people to defend themselves against their behaviors at least twice in the past three years; or
Killed or injured another domestic animal while off its property at least twice in the last three years.
If you have been bitten by a dog in San Luis Obispo, we are here to help you determine whether you have a case for compensation. Call our office today to schedule an appointment for a free case evaluation and discover more about your legal rights and options.
When you are bitten by a dog, you are understandably panicked. A dog attack is a frightening experience that often causes serious injury. Knowing what type of state you live in when it comes to dog bite liability can make a difference in the steps you take following treatment.
In San Luis Obispo, dog owners are subject to strict liability. Other states adopt the one-bite rule. Here’s more on the two types of liability. Regardless of the state’s stand on dog bites and animal attacks, it’s important for dog owners to remember that any dog can bite under the right circumstances.
Strict Liability
In states that follow the legal idea of strict liability, there are specific rules in place. A dog owner will be held liable in specific situations and events, regardless of their ability to prevent the bite from having occurred.
The defendant may be liable if their dog bit someone and:
The victim was legally permitted in or on the area where the attack occurred, and
The victim did not provoke the dog.
Under this legal concept, the owner of the dog does not have to know the history of the dog. Each case is considered unique. This means that if a person adopts a dog from a shelter and it bites someone the next day, the owner has no defense in saying that they were unaware the dog was aggressive or had a propensity to bite.
One-Bite
In states that have one-bite laws on the books, dogs typically have one bite before the owner is in trouble. This is not the case for dog breeds that are considered dangerous or vicious. It also does not apply if recent circumstances make the dog prone to biting someone.
The focus in this type of law is whether or not the owner should have reasonably known that the dog may bite and if they took precautions to prevent an attack. For example, if a pregnant dog recently had babies and the owner failed to warn a visitor against petting the dog or handling the puppies, and the visitor was bitten, the owner could still be held liable.
If, on the other hand, an owner did not know that their pet was ill and the dog was approached by a visitor, the dog may bite that visitor in what would be considered out of character for that animal. In this case, the one bite rule could apply. The owner was unaware that their dog may bite, and they were unaware that it was not feeling well. Should the dog bite again, however, the owner could be held liable.
If you have been bitten by a dog in San Luis Obispo, call our office for a free consultation. We will speak with you to discover the details surrounding the attack and help you determine if you have the elements necessary for a successful lawsuit. You may be entitled to various forms of compensation. Call today to schedule your case evaluation and let us help you learn about your next steps.
