The costs of animal aggression are great, especially in crowded cities like Los Angeles, CA. The latest Harvard Medical School research indicates potential side effects, albeit unexpected, as a result of rising global temperatures: severe dog bites increased on hot, sunny, and smoggy days. The study suggests dogs are statistically more aggressive and bitey during high temperatures, sunny weather, and smog.
Although surprising, these findings highlight how climate change can impact animal behavior and emphasize why dog owners should consider taking precautionary safety measures to ensure prevent severe dog bite incidents. Below, dog bite lawyer Michael Ehline has provided some valuable tips on preventing interactions leading to dog bites in warm conditions. Our legal teams hope this educational article will help you and your family counter animal aggression during extreme heat and air-polluted, smoggy days.
What Do Harvard Medical School Experts Say?
“Humans commit more violent crimes when temperature and air pollution is higher,” says an excerpt from the June 15, 2023 paper published in the journal Nature.
“Here, we investigate if also the day-to-day rates of dogs biting humans is influenced by environmental factors.”
“We conclude that dogs, or the interactions between humans and dogs, are more hostile on hot, sunny, and smoggy days,” “indicating that the societal burden of extreme heat and air pollution also includes the costs of animal aggression.”
Dog Bites in Eight US Cities
To arrive at their unfortunate discovery, the researchers employed publicly available heat and air pollution data from eight cities across the United States. They analyzed dog bite data from over 70,000 documented cases recorded between 2009 and 2019, intentionally excluding pandemic-related data from their sunny and smoggy days study.
The study also found, “Results for ozone and UV irradiation remained significant when analyzing winter and non-winter months separately…”
Increased Animal Aggression When Hot, Sunny, and Smoggy?
Yes. In their Harvard Medical School investigation, researchers cross-referenced instances of dog bites with the available weather data. Surprisingly, the results indicated an 11% increase in recorded dog bites on days with elevated UV exposure. Shockingly, dog bites rose by 4% on generally hotter days and 3% on days when ozone, a common pollutant, was more prevalent.
The Harvard study indicates dog bite incidents occur far less frequently on colder, rainy days. Dog bites to humans were correspondingly more likely to occur on warmer, smoggy days. These official findings are helping shed light on the complex relationship between weather conditions and canine behavior, underscoring potential risks associated with dog bites and taking safety measures to stop them.
Despite the valuable insights gained from the study, there are notable limitations to consider with dog bite incidents, including seasonal factors like heat. After all, hot weather may play a role in aggression, but it is not the sole factor in dog bites. The public health paper from Harvard researchers emphasizes that the bite records utilized lacked crucial dog-specific factors, such as dog breed, sex, or spaying status. No data was used about the type of person bitten, bite severity, victim age, gender, or the context leading to the dog bite incident. The study seems limited to the societal burdens of these particular potential environmental contributions only.
To be fair to our beloved furry companions, dogs are not the only animals that may exhibit increased aggression in response to more extreme heat. The researchers acknowledge in their paper that a similar link between higher temperatures and aggression is well-documented with violent crime in humans, not just a dog bite incidence.
It is not uncommon for individuals, regardless of species, to feel somewhat more on edge during extreme heat, stating that:
“Dog bites represent 0.3% of all emergency department visit, and are a source of cosmetic disfigurement, trauma, finger amputation and occasional severe craniofacial injury and fatality.”
While these findings offer valuable insights about injury avoidance, they emphasize aggression and how temperature and air pollutants could directly affect canine behavior and humans.
“The impact of temperature and air pollutants were evaluated with a zero-inflated Poisson generalized additive model, while controlling for regional and calendar effects. Exposure–response curves were used to assess the association between outcome and major exposure variables.”
The evidence shows that multiple factors, including hot weather, can influence dog behavior. At the top of the list, is heat. But heat is just one of many potential factors affecting dog behavior and dog-victim interactions.
If this summer’s environmental factors prove to be as scorching as the last, it might be prudent to take extra precautions when walking your furry companion. Consider void significant exposure variables when understanding dog bite rates in scientific reports and sensitivity analysis on sunny days. For example, schedule walks during more excellent parts of the day and be prepared with additional treats to keep your pup and other animals content and comfortable during warm weather. Always look at regional and calendar effects as part of your stewardship concerning interactions and preventing dog attacks.
Final Important Tips and Info
Hot days can make humans behave similarly to dogs. Temperatures rise more on hot days and go down on rainy days. There appears to be a cause-and-effect relationship between biting incidents, heat and ozone levels, and air quality. Michael Ehline, the founder of Ehline Law Firm in Los Angeles County, offers crucial advice for handling most bites by aggressive dogs. For example, the risk of dog bites is higher for small children, disabled individuals, and the elderly, so beware of the societal burden victims face.
Michael says to remain calm.
Here are other tips to make them more likely to bite people, as follows:
Create a barrier between yourself and the dog, such as a car or fence, until you can ensure your safety
If you or a loved one suffered a dog bite, Ehline says seeking immediate medical attention by calling 911 or visiting a physician if number one. Even minor bites or scratches from dogs can carry the risk of infection from dogs biting humans
If you witness a dog displaying aggressive behavior, contact your local health department promptly
Professional treatment for a dog bite will likely involve notifying the health department to assess the situation and take appropriate actions against the dog and its owner
To ensure public safety, dogs that have bitten someone should be held by animal control for 10 days
This period allows authorities to assess whether the dog carries any diseases or exhibits signs of aggression before being returned to its owner.
Conclusion Dogs Get More Hostile on Hot, Sunny Days
Data and other information from eight US cities were comprehensively covered here. Our award-winning legal team hopes this article properly informed you and your loved ones. Hopefully, now you know more about potential dangerous environmental dangers affecting these animals, making them aggressive to humans. (Don’t forget about low earthly ozone levels.) Please teach your children how to approach dogs safely to avoid dogs biting humans. And if you or your loved one suffered injuries from a dog bite, our caring attorney, Michael Ehline, wants to listen to your side of the story in a confidential, risk-free manner.
We offer all new clients a free legal consultation at (213) 596-9642, or you can fill out our online contact form anytime, 24/7. Don’t delay, as every second that passes can mean less money recovered for your pain, suffering, lost wages, or loss of a loved one. So act today to your temperature and air pollution-related dog bite!
Dog Breed Most Likely to Be Involved in Attacks Against Humans?
Ultimate Guide to Understanding Dog Breeds and Dangers
Are there aggressive dog breeds? That’s like asking if there are fat people. To date, no accurate study has been done in a controlled environment to answer that question. Everything will be discussed in detail. First of all, not every canine receives specialized breeding as an attack or guard dog. Some dogs are specifically bred for their aggression or strength. Other working dogs are bred for their intelligence and cunning.
In the meantime, the debate rages over whether the dog breed itself creates dangerous dogs, or is it really other factors like an abusive environment or poor training, or all of the above?
I am Los Angeles dog bite lawyer Michael Ehline. I used to train large dogs like Rottweilers, powerful dogs like Pit Bull and Akita, and various guard dogs. I have extensive experience breeding purebred dogs and cats since my youth.
As a child, I was attacked and bitten by a loose, smaller dog breed that was mixed, commonly known as a “mutt.” To help me deal with my fear of dangerous dogs, my father, a two-tour USMC combat vet, decided to embed me with a neighbor who was a dog trainer.
I learned animal behaviors, breeding, and how to take control of an otherwise dangerous dog. As a lawyer, I took my dog education full circle, mastering civil and administrative dog bite law claims.
I have attended hundreds of animal control hearings. I have won dog bite victims millions of dollars in dog bite cases. I am a true expert on animal behavior and dog bites legal claims. I am here today to explain the differing points of view about the most dangerous dog breeds.
While some dogs were historically bred for particular hunting, protective, or herding characteristics, other working dogs, like Pit Bulls, received selective breeding for aggression and resilience. However, all domesticated dogs are the ancestral descendants of wolves and are prone to attack in the right triggering circumstances.
Also, when a man’s best friend faces a new environment, each dog, regardless of breed, reacts differently. Furthermore, being around children or strangers always carries a particular risk. Most dog bite attacks happen to children. Understanding more about each breed and the likelihood of an attack reduces the chances of such an incident.
Besides, it is a valuable resource when deciding which breed to get for your family, especially around infants. Below we list some dog breeds most likely to become involved in biting incidents based on nationwide statistics.
Breed Types and Incidence of Attacks
We must all understand that all dogs will be guarded towards strangers. Context is everything when making blanket statements about one breed being more dangerous than another. Some of these dubious statistics are based on a 20-year study by the Centers for Disease Control on the breeds they consider most likely to attack. Of course, the debate will continue, whether the species or the owner makes dogs attack. The CDC’s fluked study fails to explain their statistical numbers come from little figures.
For example, CDC numbers fail to consider that far more people buy these dogs, so naturally, these dogs are involved in more attacks. Nor does the study show number and type of dogs licensed in each study location. In contrast, we have produced highly detailed records of San Bernardino County dog bites, city by city. We were able to do so using official public records requests.
We discovered that more people license and own German Shepherds, Rotties, etc., than poodles or tiny dogs in many cases. And we also saw that when provoked, smaller dogs like Chihuahuas bite in the same scenarios a more giant canine would. So are there dangerous dog breeds? I personally think any dog can be hazardous. The stronger or swifter the breed, the more dangerous. But let’s explore what the state and insurers say about this.
Why Does The CDC Monitor Dog Attacks?
Nationwide, the CDC studies diseases, namely rabies. Since dogs can have rabies, the CDC study intends not to determine the most dangerous dog breeds. Instead, it listed nationwide dog breeds, hospitalizations, and quarantines for rabies control.
The CDC Studies NEVER Gathered Evidence to Prove Dangers of Dog Breeds
The CDC study did not include dog ownership records for the areas studied, so there is no way of knowing the per capita instances a particular dog breed would likely attack compared to a more assumedly docile creature.
So take it with a grain of salt. Consequently, the CDC study would be no different than saying an Armalite 15 (AR15) sporting rifle is the most dangerous center-fire rifle. After all, it’s the most common configuration of rifle used by police and civilians. Since it’s the most commonly used rifle in the U.S., use in more shootings based on ownership math would follow.
But we could do this all day. You could say that Honda’s are more dangerous than Mercedes because they are in more car accidents. But a Mercedes Benz costs far more than a small Japanese compact, so more Hondas are roaming the roadways. In other words, they will be in far more car crashes based on sheer numbers. Get it? We can play with statistics and figures to make them say what we want.
Because of the defense insurance company and other propaganda, many people now associate dog bites with breed type. Some breeds are allegedly statistically more violent than others, while we assume some others to be virtually harmless. But several studies and surveys exist on this topic. And many ciphers have attempted to find a connection between the extreme nature of some dogs and their breeds.
But use common sense when choosing what and who to believe. Most of all, censors and human statisticians are not always valid methods to achieve figures. Often it could just be a fluke. Some dogs have long hair and are meant for lush forest property. Other dogs have short hair or short legs, like Pugs. People may not want a dog that sheds a lot of fur. Others want a dog that is fun for the kids and known to play gently. All of these can bite and even kill, even Chow Chows.
Journal of the American Veterinary Association (JAVMA) Bite Fatality Study
Keeping in mind the above-discussed variables, JAVMA conducted their study using this data set. But they focused on bite fatalities over 20 years. Their goal was to determine the most dangerous dog breeds according to the most people killed. As imagined, most of the dogs on their list are included in our results. Like the CDC numbers, we have to remember these are the most popular dogs, so more of them will kill when purely looking at the numbers as opposed to purely the dog breed.
None of the studies considered factors like early socialization and training when labeling one among the most dangerous dog breeds. Remember, dogs come from animals with a high prey drive, wolves. So bad behavior must be curbed at a young age, or every dog can be bad.
THINKING POINT: Pit Bulls have become very popular in Los Angeles neighborhoods, with its high crime and Draconian gun laws. Their intimidating appearance makes them popular with property owners as a deterrent. So remember, Pit Bulls will be involved in more attacks in the inner city than, say, a less popular dog like an English Fox Hound.
Next, consider that Mastiffs are generally a very large dog breed. So by sheer weight and size, they can accidentally hurt a grown man, let alone a small child or slender female adult. Dog care and training should always be first and foremost when considering the safety of others as a first-time pet owner in particular.
Below are the most commonly owned family pets, and thus considered by many to be the most dangerous breeds, as follows:
Akita (Akitas are famous for hunting small Japanese bears, they have dignity, courage, loyalty, and their incredible jaw bite power with a high prey drive.)
Alaskan Malamute (when trained well, Alaskan Malamutes are good pets and highly responsive to commands.)
American Staffordshire Terrier (aka Pit Bull Terrier originally bred as bull fighting dogs.)
American Pit Bull Terrier (Some experts call them nanny dogs for caring after the family, kids, and elders. Others say this is a myth and that these are the most dangerous dogs in the world.)
Argentinean Mastiff (Argentinean Mastiffs were originally bred for big game hunting.)
Boerboel (Boerboel dogs are known to be rare and dangerous, yet famed as a family dog for protecting small children)
Boxer
British Staffordshire Bull Terrier
Cane Corso (bred for fighting and catching mountain lions and boars.)
Caucasian Ovcharka (Caucasian Ovcharkawons never back down from an aggressor and are not considered a good choice for a newer dog owner.)
Chow Chow
Doberman Pinscher (Doberman Pinschers were mainly bred to appear intimidating. They are swift, intelligent, powerful, and fearless in defense of dog owners.)
Dogo Argentino (Bred for big game hunting – banned in Australia, Ukraine, United Kingdom, and Singapore.)
German Shepherd (German Shepherds are a common family pet, yet terrifyingly intelligent.)
Great Danes
Gull Dong
Mastiff (Bull Mastiffs are one of the largest breeds in the world.)
New Zealand Huntaway (New Zealand Huntaways have a loud bark and fiercely protect families and sheep.)
Perro de Presa Canario (Presa Canarios are smart, large dogs from the Canary Islands that, with proper training, make good family pets.)
Rottweiler (Rottweilers are known to have protected Roman Legionnaires from wild lions and protected Legionary food trains, reaching 120 pounds or more in weight.)
Siberian Husky (Siberian Huskies are common family dogs known for being sled dogs “mush, mush!” But they are equally adept at fighting off wolves and chasing away bears.)
Tosa Inu
This isn’t every supposedly aggressive and dangerous dog breed known to have bitten. But at least you can get an idea about what pet lovers must contend with when considering homeowner’s insurance and renters insurance, as well as public stigma with your landlord and neighbors.
Most Frequent Biters Study?
Also, the American Veterinary Medical Association surveyed and completed a study on this matter. Again these are selective information resources without enough foundation to paint a dog as dangerous or not by breed alone.
Following are the dog breeds that AVMA has found to be more frequent biters (See also.)
Rottweiler
Doberman Pinscher
Pit Bull
German Shepherd
Spaniel
Labrador Retriever
Jack Russel Terrier
Chow
Collie
Saint Bernard.
New Cocker Spaniel Owner Tip:Caveat Emptor. (Buyer Beware) The Cocker Spaniel has been involved in over 59 fatal attacks in the last 25 years since the last study. (Banned in the U.K., New Zealand, Denmark, Norway, Hong Kong, Australia, and other countries.)
Additionally, studies conducted by AVMA and the CDC went on for nearly two decades. According to the results, Rottweilers and pit bulls are the dogs most prone to biting. More than 50% of dog bites involved similar dog breeds. The results of both studies were quite similar and relied upon some of the same study materials.
However, the AVMA did not recommend labeling dogs as biters based on their breeds. Aggression in all types of animals is associated with many factors. So a dog’s attack is not necessarily due to its strain.
Unless properly trained at an early age, your species may be labeled as one of the most aggressive dog breeds too. (We have all heard the adage: “you can’t teach an old dog new tricks” for a reason.)
Even though you can train an older dog new tricks, the older they get, the more difficult to train they become. Untrained older dogs tend to be more aggressive, primarily due to their natural prey drive and tendency to act as guard dogs.
My experience has been that the best guard dogs come from parents who already well-trained guard dogs with owners that teach them to be guard dogs at a young age.
Combination of Breed and Circumstances
Dogs come in all sorts of shapes and sizes. Breeds, too. And, of course, temperaments. Family members and protectors value dogs. They are also a point of pride for owners. However, dogs are involved in attacks on people every day.
Some are so severe as to cause severe injury or even death. Not every case is the same, of course.
Furthermore, factors involving the dog and its upbringing are also essential. We delve into significant causes of dog attacks, including ID-ing aggression and the potential for attack avoidance.
Physical Issues that Can Cause Attacks
Hypothyroidism is commonly caused by issues with the dog’s thyroid gland, common in dogs affecting between 4-10 canines.
Hydrocephalus, also called water on the brain, happens when too much cerebrospinal fluid (CSF) accumulates in your skull, causing stress on brain tissue.
Neurological Issues can result from hereditary issues or after illness or injury, causing similar traumatic brain injuries in humans, including aggression or reckless behavior.
Encephalitis: Either bacteria or viruses can cause this infection.
Cancer: Brain tumors can press upon other parts of the brain, affecting both motor function and behavior.
Behavioral Causes of Aggression
Asserting Dominance: this is instinctive and very common between dogs or people due to their pack mentality, especially when children remain close.
Asserting Territory: Dogs often protect their household or young. The dog sees this as a protective action against other people, dogs, or animals.
Pain: Injured or sick animals often lash out more than healthy ones.
Predation: includes the dog’s so-called hunting instinct to kill small animals or children.
Fear sensory stimuli cause dogs to react by biting and feeling threatened.
Misdirected aggression attacks may happen when an owner restrains their dog from attacking another target, causing the dog to turn on its owner.
Contact a medical professional immediately if a dog or a loved one attacks you. Follow this with legal assistance. The Ehline Law Firm, California injury lawyers are here to help anytime. Call or email us for more info. We will meet with you anywhere and offer a free, no-pressure consultation.
Elsewhere on the site, we dissect the causes for each breed’s characteristics. Our Los Angeles headquartered injury attorneys will expand on the stats behind each breed’s attacks and fatalities. Just because a race of animals has a poor reputation does not automatically make it more dangerous and worthy of banishment.
Remember, like a firearm; a dog should always be treated as if it is loaded. Proper canine training saves lives. Ultimately, the owner must be trained well in dog behavior and asserting dominance before taking on a dog into the family. You must decide if the CDC and other study numbers are proof or a fluke.
Are you thinking about getting a dog? Have one but are not sure about all of the statutes surrounding pet ownership? Well, you’re in luck! We’ve compiled a list of the top dog laws in Los Angeles so that you don’t have to! Take a look at the number of canine statutes and rules out there for pets and owners alike. Top Los Angeles employers like Animal Control are always looking to euthanize lost dogs, and according to their Los Angeles County website, there’s quite a lot dog owners must consider.
California has several dog-related laws, including:
Dogs must be on a leash: With or without a license, County Code Title 10, Section 10.32.010 states it is not permissible to permit a dog to run at large day or night. This is called the “leash law.”
Canine Vaccinations: All dogs four months of age or older must have rabies shots. The shots must stay maintained for the entire licensing period. Failure to comply with the law may result in a citation and court appearance under California Health and Safety Code Section 1920 and County Code Title 10, Section 10.20.220.
Unattended Canines:Dogs must not run loose. When outside its yard, the dog must remain leashed. Violations of County Code Title 10 Section 10.32.010 can result in a citation, court appearance, and fine of up to $250.
Dangerous dog laws: California has laws that allow animal control agencies to declare a dog dangerous if it has attacked or bitten a person or other animal. Owners of dangerous dogs may be required to take measures to prevent future incidents, such as muzzling the dog or keeping it in a secure enclosure.
Annual Licensing Requirements: The state law of California and county ordinances require owners to purchase dog licenses every year. You must also securely fasten the license to the canine’s collar whether they leave your house or yard. Also, cat licenses in all county unincorporated areas and several contract cities are required. But the failure to permit a canine can end up in citations, fines, and court appearances. These cases are mostly brought under the California Health and Safety Code, Section 1920, and the California Food and Agriculture Code, Section 30502. But many cases are filed under County Code Section 10.20.190.
Dog bites: In California, dog owners can be held liable for any injuries caused by their dogs, regardless of whether the dog has a history of aggression.
Animal Abandonment: Abandoning an animal under California Penal Code Section 597(s) subjects the owner to a fine of $500. Also, a violation could mean six months of jail time.
Barking Dogs: Dog owners or custodians must not permit a dog to annoy and bark for an extended amount of time continuously. If so, they may be guilty of a public nuisance. After all, it disturbs the peace. Also, this can be a misdemeanor. So then it would carry a penalty of up to $1,000. But it could also be punishable by six months in jail under the California Penal Code 373(a) and L.A. County Code Section 10.40.065. Neighbors with complaints can contact their local Department of Animal Care and Control agency. Victims usually submit an Animal Complaint Form.
Proper Shelter:Owners of canines must provide adequate shelter from weather conditions of extreme hot, cold, and rain at all times under California Penal Code Section 597(a) and County Code Title 10 Section 10.40.010.
Inhumane Treatment of a Canine: People may not mistreat, abuse, torture, or subject animals to needless suffering. California Penal Code Section 597 and County Code 10.12.160 make this crystal clear. Also, animals may not become deprived of water, proper food, or shelter. A violation may end up as a felony charge. Also, anyone wishing to report a case of inhumane animal treatment or neglect should contact their local animal control agency.
Dogs in Open Vehicles: It is illegal to transport any canine in an open vehicle in California, including in or on the back of an empty truck while traveling on any highway, county road, street, alley, or lane. Violation result is citations, court appearances, and a fine of $250 per incident.
Exception: Vehicle Code Section 23117 allows open truck transport in particular cases. But the cross tethering to the sides of the open vehicle must be secure. But the car must be 3 feet 10 inches (46 inches).
Hobby Breeder:Also, under the law, a person who breeds dogs to sell is a hobby breeder. But unless the person has a valid Animal Facility license, they cannot produce for pay or other compensation. Anyone who breeds a female dog must obtain a Hobby Breeding permit as outlined in Section 10.90.010. The purpose is to prevent the over-breeding of animals. The permit authorizes whelping of no more than one litter per female canine in 12 months. Also, no more than one dog litter per private household is allowed per one year under L.A. County Code Title 10, Section 10.20.045, and 10.90.010.
In addition, Los Angeles County has its own dog-related laws, including:
Licensing: All dogs in Los Angeles County are required to be licensed with the county. This includes providing proof of rabies vaccination.
Barking dogs: Los Angeles County has laws that prohibit excessive dog barking, which animal control agencies can enforce.
Leash laws: Similar to the state law, dogs in Los Angeles County are generally required to be on a leash when in public places.
Dangerous Canines: The owner of a public menace dog may have the animal removed and impounded. The agency may file a petition with the Municipal Court when they believe a canine is dangerous to determine its disposition. The dog owner may need to give up or dispose of the animal. County Code Sections 10.37.020, 10.37.150, and 10.37.040 are also a basis for a claim.
It’s important to note that laws can change over time, and it’s always best to check with local authorities for the most up-to-date information.
You must license all dogs for four months and up with the LA County Department of Animal Care and Control. These licenses are good for one year. If not updated, there is a $20 penalty. All dogs are required to be vaccinated against rabies. The city provides some low-cost rabies clinics each July. The municipality further reduces license fees if the dog is spayed or neutered. The Los Angeles Municipal Code Section 10.32.010 prohibits dogs from running by themselves on any public street or park without a leash on.
Ehline Law Firm dog attacks statistics.
The leash must not exceed six feet. It is illegal to transport dogs in the bed of any truck. However, the exception is if the dog is securely cross-tethered. Dogs remain prohibited from defecating on public property. Dogs must refrain from barking in a disturbing interfering with the peace of a neighborhood. The city requests that if a person sees a wild animal on their property, to call animal control. California law is specific regarding dog bites and attacks.
Were you hurt in a dangerous dog mauling in Los Angeles, California? If a dog attacked you, this comprehensive list of canine-related statutes and ordinances gathered by Ehline Law Firm Personal Injury Attorneys, APLC, will help answer your questions. We hope after reading this, you will be one step closer to receiving deserving, full, and fair dog bite compensation.
Civil Code Sec. 3342. Continued
(a) 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. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon express or implied invitations.
(b) Nothing in this section shall authorize the bringing of action according to subdivision (a) against any governmental agency using a dog in military or police work if the bite or bites occurred while the dog was defending itself from an annoying, harassing, or provoking act, or assisting an employee of the agency in any of the following:
1. In the apprehension or holding of a suspect, the employee has a reasonable suspicion of the suspect’s involvement in criminal activity. 2. In the investigation of a crime or possible crime. 3. In the execution of a warrant. 4. In defense of a peace officer or another person.
(c) Subdivision (b) shall not apply in any case where the victim of the bite or bites was not a party to, nor a participant in, nor suspected to be a party to or a participant in, the act or acts that prompted the use of the dog in the military or police work. (d) Subdivision (b) shall apply only where a governmental agency using a dog in military or police work has adopted a written policy on the necessary and appropriate use of a dog for the police or military work enumerated in subdivision (b). [1953 ch. 37, 1988 ch. 298.] California Civil Code Sec. 3342.5.
Owner’s Duty to Remove Danger Present to Others by Dog (a) The owner of any dog that has bitten a human being shall have the duty to take such reasonable steps as are necessary to remove any danger presented to other persons from bites by the animal.
(b) Whenever a dog has bitten a human being on at least two separate occasions, any person, the district attorney, or city attorney may bring an action against the owner of the animal to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the bites have been changed so as to remove the danger to other persons presented by the animal. This action shall be brought in the county where a bite occurred. The court, after hearing, may make any order it deems appropriate to prevent the recurrence of such an incident, including, but not limited to, the removal of the animal from the area or its destruction if necessary.
(c) Whenever a dog trained to fight, attack, or kill has bitten a human being, causing substantial physical injury, any person, including the district attorney, or city attorney may bring an action against the owner of the animal to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the bites have been changed so as to remove the danger to other persons presented by the animal. This action shall be brought in the county where a bite occurred. The court, after hearing, may make any order it deems appropriate to prevent the recurrence of such an incident, including, but not limited to, the removal of the animal from the area or its destruction if necessary.
(d) Nothing in this section shall authorize the bringing of an action pursuant to subdivision (b) based on a bite or bites inflicted upon a trespasser, or by a dog used in military or police work if the bite or bites occurred while the dog was actually performing in that capacity. (e) Nothing in this section shall be construed to prevent legislation in the field of dog control by any city, county, or city and county. (f) Nothing in this section shall be construed to affect the liability of the owner of a dog under Section 3342 or any other provision of the law. (g) A proceeding under this section is a limited civil case. [Amended 1998 ch. 931.]
Why Should I Get Help from Dog Bite Lawyers?
Savage dog attacks are a grave matter, requiring medical care and vaccinations. If you suffered a dog attack and are unsure about your legal situation, contact our Los Angeles dog bite lawyers now at (213) 596-9642 to get legal help. Furthermore, if a dog bites a person, the City requests they contact the County Health Department Rabies Control Section. Their number is (323) 730-3723. If you lose a dog or cat, reach the city after exhausting all options.
Furthermore, the city is always available for assistance. Did we miss one, or was the law amended since we published it? Could you send us your thoughts via email?
Driving Directions to the Los Angeles personal injury attorneys at Ehline Law Firm (213) 596-9642 from East Valley Shelter. 14409 Vanowen St., Van Nuys, CA 91405. 888-4LAPET1 (888-452-7381) (818) 756-9323 We are 36 min (17.1 miles) via US-101 S.
The Short Answer is Yes – Doctors Are Supposed To Report Dog Attacks
First, a little background here. Medical doctors, including psychiatrists and others, including lawyers and priests, owe a duty of confidentiality to those who come in confidence. The idea is to encourage truthfulness because the person revealing secrets will be protected from any dire ramifications.
However, because of medicine, HIPPA laws, and other doctors’ need to share information learned about the public and other dangers, physicians do not have an absolute duty of privilege to keep secrets about certain dog bites.
Of particular interest, the state may require doctors not to keep confidences and secrets in some instances, such as contagions. Emergency room doctors providing patients with medical treatment face this dilemma often, discussed below.
Doctors in the U.S. and Canada have a special responsibility to their patients (imagine the doctor examining an infant with signs of molestation) and the public as mandatory and permissive reporters of violence and public dangers. Hence, doctors report dog bites all time and may have a duty to do so under relevant state and local dog bite laws.
Mandatory Reports: A mandatory report legally requires a doctor to report public interest dangers. California Teachers and doctors, for example, must report child abuse. California policy requires doctors to report dog bites due to the public risks of Rabies. The duties of a mandatory reporter may include documenting factual evidence, such as dates, times, and places of the dog attack, as well as the diagnosis and prognosis of the professional medical doctor’s opinions.
Doctors may even be required to tell the proper agency or local health department how many stitches were received by the victim. All this dog bite injury info goes in the police report. Failure to comply with the reporting process can even subject the doctor to criminal liability with the police department. So it’s a serious issue!
Permissive Reports: Opposite of a mandatory report are permissive reports. Some would say permissive reports are outright unethical. So these reports create ethical dilemmas. And this is because statements to a doctor in this gray area should be confidential unless the patient places them at issue (making a dog bite or car accident insurance claim, for example – would require your medical bills, treatment records, chart notes, etc.). Nonetheless, physicians can confidently share information they receive, even death reports, when they issue a discretionary, permissive report.
IMPORTANT! First, physicians must not violate their Hippocratic Oath. These doctors must do good and ensure that their patients receive the best possible medical care quickly. And speed is especially needed after a dog bite attack because of the violence in the episode and the potential for acute bacterial infections. The animal control office is entitled to this information under California law to protect the public.
But what happens if the dog owner or bite victim discloses the dog’s address and other information when discussing the patient’s condition with the doctor?
What if the patient does not want the bite reported to animal control or the police?
Or what happens if the victim does not want to make a fuss over the attack and refuses to turn over the dog owner’s information?
What happens if the victim knows the dog or dog’s owner and does not want it reported to Los Angeles County animal Services?
What happens when the victim, a family member, and the pet owner agree not to tell the authorities?
Well, from the doctor’s perspective, the short answer is that it does not matter. No matter what, physicians must exercise clinical judgment in unclear cases where violence is at issue or if reporting is legally required. Analyzing the situation should benefit the patient and contribute to California’s public safety.
The patient can play dumb and initially refused to identify the dog’s location. But once the patient spills the beans, it’s getting written down into the Health Department designee “Report.”
Doctors Have A Special Responsibility As “Dog Bite Reporters”?
To recap. Make sure and be careful what you tell a doctor. Accurate doctors must ensure that their patients receive first aid and are well attended to. But doctors are also mandated by California state law to report all cases of a dog attacking a human that requires medical attention in a “Rabies Area.”
And there are no exceptions. Often this role is filled by the victim or the doctor contacting animal control. In some cases, both parties will make reports on their own.
The Code Of Regulations Requires Any Dog Bite In A Rabies Area to Be Reported?
According to Section 17 of the California Code of Regulations 2606, doctors and anyone designee must immediately report dog bites in a designated County Rabies Area to a local health officer or their designee. (A designee can be a private non-profit group, or a small city, such as Redlands, could lease health services from a County agency, for example).
What California Counties Are Rabies Areas?
In California, a “rabies area” is defined as a county where Rabies remains a public health hazard. And the person responsible for declaring what counties are Rabies Areas is the California State Department of Health Services Director.
The official history is that since 1987, all 58 counties in the Golden State are Rabies Areas as declared by the past and present Directors. (Click here for a list of all 58 Counties).
What Evidence Must A Mandatory Dog Bite Report Contain?
Los Angeles County, the City of Los Angeles, and almost every other jurisdiction above have a similar procedure. First, you will find it remains standard to report dog bite mishaps to the local health official or health department.
And some of these smaller departments use private kennels and other agencies as their designee. And this is common in San Bernardino County, for example.
Ultimately, the report lands in the in-basket of Animal Control agents, and these employees will send them via fax or over the world wide web in many designated counties. So it depends on the rules.
A Typical Dog Bite Report Will Include the following:
Date, time, and place of the assault.
The Bite victim’s name and relevant contact info.
The victim’s parent or guardian info will be used, assuming the minor received bites.
Notes on dog bite treatment, such as vaccination injections, the number of stitches used to patch the patient up, etc.
The physician’s contact information and other persons reporting the attack should be provided.
No matter what, physicians must report any California patient’s dog bites as documented in the medical evaluation or treatment regimen. And there is no requirement that the injury be severe, even if no rabies were present.
The hospital must immediately transmit the physician’s hospital report to the Health Department for the local County or City’s agents, local health officials, or designees.
According to the CDC, mandatory dog bite reporting helps identify and stop the spread of diseases like Rabies and tetanus. But ethically, a doctor does not have to report when a dog assaults another animal. Other than that, any bite report must go to the official health official or its designee.
For example, in Sacramento County, the bite to dog bite victims must be promptly reported to the Dept of Animal Care, as cited on their website. All of these cases in the state of California are clear. The medical professional maintains a special obligation to let the government know. And this allows animal control to record that the dog attacked a person during the dog bite incident.
And if the dog does so a second time, it will be put down. Furthermore, medical reporting of a dog bite in California creates a record for potential use in a civil or criminal lawsuit.
Conclusion – A Dog Owner Might Be Reported Over Dog Bite Incidents
Documentation is vital for both the dog owner and the bite owner– and doctors should not shirk their responsibility to either. If you wish to learn more about dog bites or general California personal injury laws, contact us at (213) 596-9642 or by using our online contact form for a free consultation today.
According to the Postal Service, more than 5,400 mail carriers are injured each year in the United States. Despite all efforts by the agency to reduce dog bite incidents involving their employees, including educating the public on keeping their dogs restrained during normal delivery hours, it seems that the public is least bothered by their dogs attacking mail carriers.
Many people fail to realize that the post office can stop mail over dog bites as a last resort to ensure the protection of their mail carriers. Let’s dive into the lives of postal workers with Ehline Law and our dog bite attorneys to understand the risks they face and how dog bite injuries can affect your mail deliveries.
Training 101: Dog Owners Lie about Their Dogs
Every postal service trains its delivery employees, and they emphasize the most on the employees’ first day not to trust the dog owners when it comes to their dogs.
“He’s a good boy,” “He hasn’t done that before,” and “Don’t worry, my dog doesn’t bite” are some of the things mail carriers hear regularly.
Many mail carriers suffer dog bite injuries after the resident convinces them their dog is not aggressive and will not bite. Although videos circulating TikTok and other social media platforms may seem funny to viewers at home, it is a traumatic experience for mail or letter carriers, especially those who suffer dog bite injuries.
The Worst Mile: Injury Crisis in Amazon’s Delivery System
According to Pinnacol Assurance, Colorado’s largest workers’ compensation insurer, the top five injuries sustained by Amazon delivery workers include:
Slip and fall
Strains and sprains
Dog bites
Vehicle accidents
Hitting an object.
Although dog bites can often injure a mail or letter carrier, in some cases, dog bites can lead to death. On October 24, 2022, residents of the Wood Heights area of Excelsior Springs, Missouri, rang up the Ray County Sheriff’s office to report an Amazon delivery van parked in the neighborhood for hours.
When the police and emergency services arrived, they found the body of the Amazon delivery driver with two dogs ready to attack the officers. The Amazon mail carrier was dead, and there was blood near the doggy door of the house, suggesting that the dogs were responsible for the death of the Amazon delivery driver. After law enforcement concluded the initial investigation, the police reported canine bites on the mail carrier and extreme trauma exerted on the body.
On August 21, 2022, Pamela Jane Rock, a postal service mail carrier, got out of her vehicle after the truck broke down to inspect the cause of the problem. Unfortunately, five dogs, escaping under the home’s fence, mauled her down. Nearby residents tried to protect the mail carrier by scaring away the dog, but it was too late.
Rock suffered serious injuries and required amputation at the hospital before going into cardiac arrest. Although the doctors revived rock, her condition remained unstable, and she died a few days later from the trauma.
The Postal Service Can Refuse to Deliver Mail Because of a Dog
Although the local post office continues to promote responsible pet ownership, it has the right to cancel mail delivery as a last resort to protect its mail and letter carriers. Suppose the company’s mail carriers have several unfortunate encounters in a particular location. In that case, they have the authority to decide on the local level whether they want to keep delivering mail in that neighborhood.
When the local office decides that their mail carriers are no longer safe in a particular area, they will stop their mail delivery service in that neighborhood and require residents to pick up their mail from the local post office.
After a dog attack in 2020, Amazon postal service suspended delivery service in Jacksonville, Florida. Postal companies suspended mail delivery services in parts of Des Moines, Iowa, Cleveland, Ohio, Greenfield, Indiana, and Virginia in 2022 after mail carriers complained that they no longer felt safe delivering in those neighborhoods.
USPS issued a statement when there was a dog attack in Cleveland, stating that although the company aims to provide great customer service and ensure the safety of its workers, it cannot continue its postal service in the Cleveland neighborhood until the threat to its employees is over.
According to USPS, California, Texas, Ohio, Pennsylvania, and Michigan were the top 5 states with the most dog bite incidents in 2021. USPS has also issued multiple public service announcements emphasizing dog owners to restrain their pets when the letter carrier arrives.
Dog Attack Prevention Tips for Mail Carriers: Preventing Dog Attacks While at Work
Below are some of the tips mail carriers must use to ensure their safety while delivering mail and letters:
Avoid running from aggressive and unrestrained animals when they approach you, as that can trigger a chase response.
Carry a dog repellent to ward off dogs in case a dog tries to attack you. Always check your dog repellant can before starting your day.
Report any dog bite incident to your supervisor to ensure your co-workers are also cautious when delivering in those neighborhoods.
Stay alert, and observe the area before leaving your delivery truck.
Avoid wearing headphones or earbuds during deliveries, as it can adversely affect the ability to hear and know your surroundings.
Avoid handing out mail to children at home as dogs are more protective of children leading them to launch a full-blown attack.
Schedule a Free Consultation with Ehline Law
A worker (mail carrier, letter carrier, and any other employee) cannot pursue a personal injury lawsuit against a dog owner if they suffer injuries while on the job since there is the Workers’ Compensation and Federal Employees’ Compensation Act depending on the status of the employee. However, others can bring a dog bite lawsuit against the dog owner to recover the damages under California’s strict liability law.
If you’ve suffered dog bite injuries in California, contact us at (833) LETS-SUE for a free consultation, as you may be able to seek compensation.