During the past year, we represented numerous delivery drivers who were bitten by a homeowner’s dog when attempting to deliver a package. Unfortunately, these clients are considered independent contractors and not entitled to workers’ compensation benefits. So, their only option is to seek an injury claim against dog owners, homeowners, and management companies.
Dog Owners – Strict Liability
When it comes to a dog owner, California follows the Strict Liability rule of law. This means that regardless of whether the dog has ever bitten anyone or has shown a propensity to be dangerous, a dog owner is presumed responsible for any injuries caused by his/her dog’s bite.
So, a homeowner whose dog bites and injures a delivery driver is presumed to be automatically responsible for the injuries suffered by the delivery driver.
Because dog owners are strictly liable, placing a sign that says “Beware of Dog” does NOT diminish the owner’s liability, i.e. it means NOTHING! Indeed, I would argue that any dog owner using such a sign has concerns about his or her dog’s propensity to be dangerous, which is why he/she is warning others about the dog’s presence!
Dog Walkers and Landlords – Negligence
Only dog owners are strictly liable for their dog’s actions. So, what happens if the dog is being care for by a sitter or a dog walker, or the attack occurs in a leased property or in an apartment building? Does the dog sitter/walker or the landlord share any liability?
Yes, but they are not strictly liable. Their liability falls under a negligence (i.e. careless) cause of action.
Dog Sitters and Dog Walkers
For a dog sitter or a dog walker to be liable, the injured person must show that the dog sitter or a dog walker was careless. Examples of carelessness could include:
- Dog not being on a leash;
- The sitter/walker not paying attention to the dog’s actions or whereabouts; or
- Allowing others to pet the dog, knowing that the dog has a propensity to bite.
Landlords – Leased Property
For a landlord of a leased property, such as a house, to be liable, the landlord would:
- Have to have knowledge of the dog;
- Allow the tenant to keep the dog on the premises; and
- Know of or have reason to know that the dog may have a propensity to be dangerous because it either bit someone previously or is a dangerous breed, such as a Pitbull or a Rottweiler.
Landlords and Management Companies– Apartment Buildings
Apartment buildings are generally managed by a management company, which may or may not have an onsite manager. Cases like these are very fact-oriented. This means that various facts affect the analysis:
- Were tenants allowed to keep dogs in their units?
- If tenants were allowed to keep dogs, were the tenants limited as to the size or breed of the dogs kept in their units?
- Were these restrictions written in the lease agreement with the tenant?
- Did the management company have to approve the dog before the dog was allowed to be housed in the apartment?
- How did the management go about enforcing these restrictions?
- Was the management company aware of the dog that was ultimately involved in the attack?
- Did the dog ever bite anyone or show a propensity to be dangerous?
Other factors change the analysis, including the size of the apartment building and the presence of an onsite manager.
Depending on the size of the apartment complex, liability generally falls on the property management company, if one exists, as opposed to an owner who is not present and relies on the management company to take care of the building.
Damages and Compensation
Injuries can be minor, such as a scratch or a small puncture wound, to severe, such as a flesh wound, disfiguration, or nerve damage.
Depending on the severity of a dog bite injury, compensation can range from:
- Current (past) and future medical bills;
- Lost income from missed work due to the injuries;
- Disfigurement and future possible treatments including scar revision;
- Permanent disability caused by nerve damage; and
- Pain, suffering, and inconvenience.
Steps to Take After a Dog Bite
It is important to protect yourself if you have been injured from a dog bite, regardless of whether or not you are a delivery driver who is bit by a homeowner’s dog. Here are some steps to guide you:
Immediate Emergency Medical Treatment
If the dog bite breaks through the skin and blood is coming out of the wound, you should seek immediate medical attention at an Urgent Care Unit or an Emergency Room because bacteria from the dog’s mouth could be seeping through the open wound.
Take Copious Notes and Documentation
It is important to document the following information:
- Date, time, and location of the attack;
- Information about the dog, such as breed, size, and color of the dog;
- Information about the dog owner, such as name and address;
- Information on any potential witnesses to the attack;
- Take a photograph of the dog bite immediately after the attack;
- Take periodic photographs of your injuries, including any scarring;
- Use a journal to document how your daily activities have been impacted or hampered by your injuries.
Report the Dog Bite
You should report the dog bite to your local animal control authorities, especially if the attack is severe. If the attack occurred in the Los Angeles area, it should be the Los Angeles County Animal Care and Control.
Contact a Personal Injury Attorney
The best way to protect yourself is to contact a personal injury attorney who handles dog bite cases. Our firm, The Mason Law Firm, has been handling personal injury and accident cases since 2006 and the managing attorney, Mason Rashtian, has been litigated the same since 1997. So, we are very familiar to all aspects of a personal injury matter, including dog bites.
Because we work on contingency, there is no out-of-pocket expense to you – we only get paid when there is a recovery in the case. Our experience will guide you through all the legal maneuvers to protect your rights.
“We provide the personal service that no other firm does”!