Are there certain breeds of dogs that pose greater risks of dog bite injuries in Vista, California, than other breeds? According to a recent news release from the American Veterinary Medical Association (AVMA), there are breed-specific laws in place throughout the country, including in California, yet these breed-specific laws might not always result in the desired outcome of fewer dog attacks.

Should you change your behavior if you encounter a neighborhood dog that makes the “bully breed” lists, or are there other indicators that you could be at risk of a dog bite incident?

Learning More About Breed-Specific Laws

What are breed-specific laws, and how do they work? In short, breed-specific laws “ban or restrict ownership of dog breeds believed to be responsible for the most serious attacks on people.” Most frequently, “pit bulls” make the top of the list of dogs that are banned through breed-specific laws, but other breeds often are included, as well. For instance, these laws tend to apply to large breeds such as Rottweilers and Doberman Pinschers. According to the American Kennel Club, using the term “pit bull” is problematic in itself because it usually refers to dogs of mixed breeds. In other words, a “pit bull” is not a recognized, registered breed. More problematically, the news release suggests, breed-specific laws do not always work to identify dog bite risks.

Breed restrictions began largely in the 1980s in response to increased news about the dangers posed by pit bulls and other specific dog breeds. Florida was the first state to enact a breed-specific law, and others soon followed. California law prohibits cities or municipalities from enacting breed-specific laws. As the news release explains, however, even states like California in which breed-specific laws are not permitted, some types of regulations pertaining to certain breeds have been “grandfathered in or are part of a home-rule exemption.”

While DogsBite.org alleges that a majority of dog bites in the country can be attributed to pit bulls and other so-called “bully breeds,” numerous groups have disputed these findings. At the same time, some data suggests that locations with breed-specific legislation have lower incidents of dog attacks. Even if we cannot know for certain if breed-specific legislation works, what are some of the key facts that Vista residents should know about dog bite injuries?

Dog Bite Injury Facts

The following facts and figures come from the U.S. Centers for Disease Control and Prevention to help people prevent dog bite injuries:

• Around 4.5 million people sustain dog bites each year;
• Approximately 20% of all dog bite injuries get infected;
• Children are at highest risk of a dog bite injury, especially kids between the ages of 5 and 9;
• More than 50% of dog bite injuries occur at home with family dogs;
• When an unfamiliar dog approaches you, it is best to stay still, curl into a ball if the dog knocks you over, and immediately report strange behavior to the dog’s owner; and
• If you are bitten, you should immediately seek medical care for deep wounds and properly clean minor wounds.

If you have questions about filing a dog bite claim in California, a Vista dog bite lawyer can assist with your case. Contact the Walton Law Firm to speak with an advocate today.

See Related Blog Posts: Dog Bite Injuries on the Rise in California Increase in California Dog Bite Insurance Claims

(image courtesy of Duffy Brook)

Residents of San Diego County should be aware that dog bite injuries have been on the rise in California this year. According to a report from CBS News, emergency department visits connected to dog bite injuries have risen by 44% over the last decade in the state. Between 2015 and 2016, dog bite injuries requiring emergency treatment have gone up by about 10%, according to an article in the Modesto Bee. Animal attacks can cause serious and sometimes fatal injuries, especially to young children. What has caused the recent rise in dog bite injuries in California? Who is liable for dog bites in our state?

Rise in Dog Attacks Leaves Experts Confused

As the Modesto Bee article underscores, local animal services employees simply are not certain what has led to the increase in dog attacks in California, particularly the sharp uptick between 2015-2016. The animals services director of Stanislaus County indicated that she “had contacted fellow animal services directors in the state, who had no observations about the data.” Local residents, according to the CBS News report, believe more dog owners are failing to properly train their dogs, which is resulting in more animal attacks across the state. But is there any data to support that conclusion? Currently, the only data we know for certain is that more dog bite injuries are happening in rural counties in California in comparison with urban counties.

We also know that California has the highest rate of homeowner insurance claims related to dog bite injuries. In 2015 alone, there were 1,684 homeowners’ insurance claims connected to animal attacks, a number that actually showed a slight decline from the 1,867 claims reported in 2014. In total last year, an article in the Insurance Journal noted that the total number of dog bite claims had declined across the country, yet certain states (such as California and New York) not only continued to show high numbers of claims, but they also had higher dollar payouts.

In 2015, California had the second-highest average cost for dog bite insurance claims at $44,983 per claim on average. Approximately 20% of all dog bite cases require medical treatment, the article emphasizes, and only a fraction of those victims actually file insurance claims. Why do so few file insurance claims? In short, in many dog bite cases, the victim either was also the owner of the dog, or the dog belonged to a family member or a close friend. As such, the victim chose not to file an insurance claim.

Getting the Facts About Dog Bites and the Law

If you want to file a dog bite lawsuit in California, you might be wondering who may be liable for your injuries. Under California Civil Code Section 3342, “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.” This is known as “strict liability.”

What does this mean in practice? As long as you were not bitten while trespassing or otherwise illegally on property, when a dog bites, the owner is liable. You do not need to prove that the owner knew that the dog could be dangerous, and you do not need to prove that the dog had any violent tendencies. Instead, a plaintiff simply must show that she or he was lawfully on the property where she was bitten in order for the dog owner to be held accountable.

Contact a San Diego Dog Bite Lawyer

If you or someone you love recently sustained a dog bite injury, an experienced San Diego dog bite attorney can help. Contact the Walton Law Firm today for more information.

See Related Blog Posts: Recent Dog Bite Cases in Southern California USPS Dog Bite Rankings Released

(image courtesy of Manu Adan)

How often are mail carriers in California injured by dog bites and animal attacks? According to a recent news release from the U.S. Postal Service, 6,549 mail carriers and other employees were the victims of dog attacks last year. Where did most of the dog bites occur? According to the USPS, Houston, TX was the city with the highest number of dog bites (77 in total), but San Diego was a close second with 58 dog attacks in 2015. Both numbers show an increase from 2014. For example, dog bites rose in Houston by 22%, and they actually rose by 23% in San Diego. In numerous cities across the country, the rate of animal attacks rose. As such, the USPS has made recommendations to help prevent employee dog bite injuries.

Taking Steps to Improve USPS Employee Safety

Given that dog bite injuries are on the rise in many of America’s cities—including in San Diego—the USPS has announced new safety initiatives that are aimed at preventing animal attacks on its employees. As USPS Safety Director Linda DeCarlo explained of the recent increase in dog bites, “dogs are protective in nature and may view our letter carriers handling mail to their owner as a threat.” Yet just because dogs are protective of the properties on which they live does not mean that USPS employees do not have options to be safer when they are doing their jobs.

What are the USPS safety initiatives? Both are intended to “alert USPS carriers of dogs on their delivery routes,” according to the news release, so that the carriers can better avoid an encounter with one of these animals. The first safety initiative already went into effect on May 13, 2016, and it concerns the process of “package pickup.” In California and throughout the country, USPS customers can schedule a package pickup, meaning that they can schedule for a mail carrier to pick up a package from their homes that they are mailing instead of the customer dropping off the package at a local post office. Now, in order for a San Diego customer to schedule a package pickup, she must indicate whether there is a dog living at her address.

The second safety initiative will go into effect later on this spring. It allows mail carriers to make an electronic note of a dog’s presence when they deliver a package. In short, when a mail carrier asks a USPS customer to sign for a package through a mobile delivery device, the mail carrier will also be able to “indicate the presence of a dog at an individual address,” according to DeCarlo. How will this help to prevent dog bites? As DeCarlo explained, “this is especially helpful to substitutes who fill-in for letter carriers on their days off.”

Customers Can Takes Preventive Measures, Too

In addition to safety initiatives that help mail carriers to know about the presence of a dog, the news release also emphasizes that residential customers can also take preventive measures when it comes to dog attacks. The USPS recommends that customers with dogs take the following steps:

• Place your dog in a separate, secure room when a USPS carrier delivers mail or a package to your home;
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  Keep your dog safely secured in your home anytime a delivery person comes to the door; and
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  Encourage your child to avoid taking mail from a USPS carrier within view of the family dog.

If you have questions about filing a personal injury claim due to a dog bite wound, an experienced San Diego dog bite attorney can assist you. Contact the Walton Law Firm today for more information.

See Related Blog Posts: Dog Bites and Blacklisted Pets Should California Have a Dangerous Dogs Act?

(photo courtesy of Dodgerton Skillhaus)