What To Do After A Dog Bite

According to a recent Los Angeles Times article, dog bites are on the rise, both in California and across the US. In California alone, dog bites sent an estimated 48,600 people to the emergency room in 2022 – a trend that does not appear to be slowing down in 2023.

This surge in dog bites isn’t isolated to California, either; it follows broader national trends shared by the US CDC, along with recent reporting in the NY Times, the Hill, the Columbian, and the Daily Mail. All point to the same conclusion: dog attacks are on the rise.

While dog bites don’t receive the same attention and coverage as other types of attacks, their impact can be every bit as devastating, traumatic and life-altering. Severe bites regularly result in long-term medical and health complications, loss of function, and lasting psychological damage.

If you or a loved one has been bitten by a dog, it is crucial to know the necessary steps to take for your health and safety, as well as to protect your rights to any future legal claims:

Your Post-Bite Checklist:

1. Get To Safety – an aggressive, frenzied dog may try to attack again, even after its owner/handler has initially restrained it. Before doing anything else, ensure the dog has been secured inside a car, house, fence or crate. If it isn’t possible for the dog to be restrained, and if you’re physically able, move yourself (and your children/loved ones) to safety inside a vehicle or structure.
2. Seek Medical Attention – while a dog bite may initially seem minor (puncture wounds, scrapes, bruises), it is essential that it is examined by a medical professional immediately. Your doctor will assess the wound for risks for rabies and infection, as well as non-obvious injuries like fractures, torn ligaments, sprains, internal bleeding, and other complications. Upon completion of the assessment, the doctor will update your medical reports with their diagnosis, treatment and findings. This is a crucial piece of evidence for any subsequent legal action, and is most impactful if it is conducted as quickly as possible following the attack.
3. Document The Scene, Attack, Dog & Owner – if possible, obtain the name and contact information (phone, email) for the dog’s owner, as well as any details on the dog itself (breed, color, rabies vaccination status, any distinguishing marks, etc.). If the dog was a stray or not accompanied by an owner, document as many details as possible about the dog (color, if it had a collar, etc.).In addition to scene photos, it is also essential to collect evidence from the attack itself. This should include:
   • Photos of the bite(s) and other injuries (scrapes, bruises caused by the attack)
   • Any torn/ripped clothing
   • Any blood on the pavement/road
   • Any other evidence of the attackTo the extent possible, also document the scene of the attack with photos and videos. Take pictures of cross streets, house numbers, nearby cars, etc. – anything that clearly establishes the location where the attack took place.Note any cameras around the scene that may have captured all or part of the attack – your attorney will be able to demand the footage be turned over and made available as evidence in any subsequent legal proceedings. Note: many buildings only maintain camera footage for 3-30 days; the sooner you can request the footage, the greater the chances of it being available and preserved.
4. Report The Incident – once you’ve gathered preliminary details, report the incident to Animal Control and/or the police. Either one of these organizations will be able to determine if the dog has a history of aggressive behavior, as well as if it is up-to-date on vaccinations. Both California and Nevada law require that all dog bites are reported promptly. Upon making your report, remember to ask for a copy of the incident report.When dog bite injuries happen in California, the dog involved may be classified as either Potentially Dangerous or Vicious. This is relevant for any victim of a dog bite, as if the dog had either classification, and the owner did not take the precautions required by CA Law, then the owner can be criminally charged. Both Animal Control and the Police will be able to pull the dog’s records to determine if this is the case.
5. Maintain a Pain Journal – depending on the nature and severity of the dog bite and related injuries, recovery can take weeks to months. During this time, maintain a detailed pain journal that documents your recovery. This should include all doctor and rehab visits, medications taken (even if this is just acetaminophen for pain and swelling), other treatments (ice, elevation), and limitations (for instance, being unable to do X or Y due to the injury).Maintain all medical receipts, doctors instructions, prescriptions, and other documentation along with the pain journal. Finally, note any psychological or emotional challenges encountered during your recovery – this can be used as evidence of pain and suffering.
6. Avoid Social Media – Anything posted on social media can be used by the dog owner’s attorney and insurance company to undermine your claims for injuries. Your best course of action is to post nothing following the attack. Likewise, avoid any statements in a written or preserved format that could be twisted or construed in a manner that minimizes the seriousness and severity of your injuries. Insurance companies and their lawyers are notorious for doing whatever they can to minimize their liability – even if it means that the victim of a serious dog bite is not compensated for his/her injuries.
7. Do Not Speak With The Dog Owner’s Insurance Company – in many cases, and especially after a serious dog bite injury, the dog owners’ insurance will attempt to contact you. While they may sound nice and appear to mean-well, you are under no obligation to speak with them. If you are inadvertently caught on the phone with a representative from the insurance company, do not say anything about your overall condition, how you’re feeling, or anything else. In many cases, your best course of action is to simply say, “Thank you for reaching out, but I don’t feel comfortable speaking with you without my attorney present,“ and hang up.
8. Speak With A Dog Bite Injury Lawyer – dog bite cases can be quite complex. Having a knowledgeable, experienced attorney who understands the nuances of the law, as well as how to investigate the incident, determine responsible parties, and pursue the maximum possible compensation is essential.

Dog Bite Levels & What They Mean:

One of the ways in which a doctor will assess your injuries from a dog bite is known as the Dunbar Bite Scale. This categorizes dog bites into six levels, from a Level 1 (aggressive behavior but no contact between the dog’s teeth and the victim’s skin), to a Level 6 (death of the victim and/or flesh consumed):

Level 1: Aggressive Conduct, No Bite:
A Level 1 dog bite incident typically involves a dog snapping and/or bearing its teeth, along with aggressive actions (like barking or lunging). The dog may also make contact with the victim’s clothing or possessions (like a backpack), but does NOT make contact with the victim’s skin.

Level 2: Bite with No Skin Puncture:
A Level 2 dog bite is characterized by the occurrence of a physical bite, without the teeth puncturing the skin. The dog may also shake its head while making contact with the skin, resulting in marks on the skin, bruising, and other soft tissue injuries. Level 2 dog bites are often experienced by vets or groomers, and are typically a sign that the dog is uncomfortable, scared or stressed. It is important to note that even a Level 2 dog bite can cause serious injury, especially if the bite causes nerve damage, bruising or results in a fall or other traumatic brain injury. The skin does not have to be broken in order for a dog bite to have occurred.

Level 3: Single Bite, Shallow Puncture:
If a dog bite escalates to Level 3, it is likely that additional intervention is required – either in the form of training or a visit to the veterinarian. A Level 3 bite is characterized by the teeth piercing the skin and penetrating up to half of the length of the dog’s teeth – usually anywhere from 0.25” to 1”, depending on the dog. Any Level 3 or above dog bite is a serious matter that should be reported to Animal Control, and examined by a trained medical professional.

Level 4: Single Bites, Deep Puncture:
Level 4 dog bites are characterized by the presence of one to four punctures or perforations, each deeper than half the length of the dog’s tooth. In many cases, Level 4 bites are accompanied by violent shaking of the head, scratching and clawing – often resulting in significant injury and/or hospitalization. A Level 4 bite can be particularly dangerous for children, as the size of the dog’s tooth relative to their body can result in deep puncture wounds, along with damage to ligaments, tendons, nerves and bone.

Level 5: Multiple Bites, Deep Puncture:
A Level 5 bite is, essentially, multiple Level 4 bites in the same attack. Injuries from these attacks are often a combination of bites and other injuries sustained while the victim is falling (or being knocked) to the ground by the dog and/or trying to escape. Dogs that commit Level 5 bites are typically considered to be dangerous and in need of expert-level training and rehabilitation.

Level 6: Death or Flesh Consumed:
The final level of a dog bite is the most gruesome, with the dog physically removing flesh from the victim and/or killing the victim. While Level 6 attacks are rare, they do happen.

Who Is Responsible For Dog Bite Injuries?
One of the first questions victims have after a dog bite attack is who is responsible, and what options are available to pursue justice. Different states have different rules for assigning liability in dog bite cases.

California is what is known as a “Strict Liability” state, which means that an injured person does not need to prove that the dog’s owner was negligent in order to recover damages for harm suffered in a dog attack. In practical terms, this means that if a person owns a dog, and that dog bites someone (absent some exceptions for self-defense and other extenuating circumstances), the dog owner is likely liable and responsible for the damages caused. This applies even if:

1. The dog had no history of aggressive behavior
2. The dog had no history of biting
3. The dog owner had (or had not) taken reasonable precautions to prevent dog bites
4. Whether or not the owner had any reason to believe the dog was dangerous

In short, under CA law, the owner of a dog becomes responsible for the actions of the dog – including dog bite injuries – the moment he or she takes ownership of the dog (with few exceptions, such as if the victim was trespassing, or if the victim provoked the attack).

Nevada, in contrast, does NOT enforce a strict liability rule for dog bites, which can result in the dog owner only facing responsibility for the actual medical expenses that the victim suffered (vs. any pain, suffering, loss of income, loss of function, etc.). However, it is still possible for the victim of a dog bite injury in Nevada to file a claim against the owner if the owner was negligent in their handling or care of the dog, and that negligence led to the dog bite attack.

Call The Dog Bite Attorneys At Sam & Ash Law Following An Attack:

If you or a loved one has been injured in a dog attack, contact the experienced dog bite attorneys at Sam & Ash Law immediately. Our team has helped dog bite victims just like you to get the justice you deserve for the injuries suffered.