Encounters with police dogs are scary and unforgettable. Although these animals are highly trained, bites still happen—sometimes unjustly.
If you’ve been bitten by a police dog in California, it’s critical to understand your rights, the steps to take immediately, and the legal options available to you. This guide explores what to do if a police dog bites you, the potential for a lawsuit, and how a California dog bite lawyer helps you.
Immediate Steps to Take After a Police Dog Bite
If you suffer from police dog bite wounds, it’s vital to prioritize your health and gather as much information as possible. Here are the critical steps:
Seek Medical Attention Immediately
Police dog bite wounds can be severe, often causing puncture injuries, torn muscles, and infections. Prompt medical treatment is essential to prevent complications and properly document your injuries.
Document Your Injuries and the Scene
Take clear photographs of the bite wounds, any torn clothing, and the area where the incident occurred. These images are crucial evidence if you pursue a police dog bite lawsuit.
Obtain Witness Statements
If others witnessed the incident, collect their contact information and statements. Witnesses provide independent accounts that support your police dog bite lawsuit.
File a Police Report
While the police may already know about the incident, you have a right to ensure the proper recording of the details of the attack. Be factual and concise when providing your account.
Consult a California Dog Bite Lawyer
Navigating the legal system after being bitten by a police dog can be complex. A California dog bite lawyer carefully reviews your case and determines whether you can seek compensation.
Can You Sue If a Police Dog Bites You?
The short answer is yes—but it depends on the circumstances. Police dogs are generally protected under California law when performing official duties. However, if law enforcement’s use of the police dog was excessive, unjustified, or violated your rights, you may have grounds for a lawsuit.
Under California law, individuals can seek damages if a dog bites them. However, there are exceptions for police and military dogs acting within their official capacity. In order to sue, you or your attorney must prove one or more of the following:
- Excessive force. The use of the police dog was unnecessary or disproportionate to the situation.
- Negligence. The handler failed to properly control the police dog, resulting in an avoidable bite.
- Violation of rights. The bite occurred during an unlawful arrest or an unreasonable seizure, violating your constitutional rights.
These cases often involve civil rights violations under Section 1983 of the U.S. Code, which protects against excessive force and unreasonable searches and seizures.
What Are the Risks and Complications of Police Dog Bite Wounds?
Law enforcement trains police dogs to apprehend suspects by biting and holding. Unfortunately, these bites often result in severe injuries, including:
- Deep puncture wounds can damage muscles, tendons, and nerves;
- Lacerations result in the tearing of skin and soft tissue and may require stitches or surgery;
- Serious infections like cellulitis or sepsis;
- Physical and emotional scars; and
- Anxiety, fear, or post-traumatic stress disorder (PTSD) after the attack.
Proper medical treatment and documentation are vital to ensure your injuries are addressed and recorded for potential legal claims.
Recoverable Damages in a Police Dog Bite Case
If you pursue legal action after a police dog bite, you may be eligible to recover several forms of damages. These include:
- Medical expenses. Coverage for emergency care, surgery, medication, and ongoing treatment.
- Lost wages. Compensation for time missed at work due to your injuries.
- Pain and suffering. Damages for physical pain, emotional distress, and psychological trauma.
- Permanent scarring or disability. Additional compensation for long-term physical or emotional impacts.
- Punitive damages. In cases involving egregious conduct, the court may award punitive damages to punish the responsible party.
An experienced attorney can help you calculate the full extent of your losses and fight for fair compensation.
How a California Dog Bite Lawyer Helps
Handling a claim involving a police dog bite is legally challenging due to the protections often granted to law enforcement. A skilled California dog bite lawyer undertakes the following actions:
- Evaluate your case. Assess whether the police dog’s use of force was excessive or unjustified.
- Gather evidence. Collect medical records, witness statements, police reports, and expert testimony to support your claim.
- File a lawsuit. If appropriate, your attorney files a civil lawsuit for damages, including medical bills, lost wages, and pain and suffering.
- Protect your rights. Ensure law enforcement agencies are held accountable for improper use of police dogs.
- Negotiate compensation. Advocate for fair compensation through settlements or court judgments.
By partnering with a qualified attorney, you increase your chances of obtaining the justice and compensation you deserve.
Frequently Asked Questions About Police Dog Bites
1. Are Police Dogs Always Justified in Biting Someone?
No. While police dogs are law enforcement tools, their use must align with reasonable force. Unjustified bites may be grounds for a lawsuit.
2. What Damages Can I Recover in a Police Dog Bite Lawsuit?
You may recover compensation for medical expenses, lost wages, pain and suffering, emotional trauma, and permanent scarring or disability.
3. Is There a Time Limit to File a Claim?
Yes. In California, the statute of limitations for personal injury cases, including dog bites, is two years from the date of the injury. If your claim involves a government entity, you may need to file a notice within six months.
For a free legal consultation, call (818) 697-1079 or contact us online
Protect Your Rights After a Police Dog Bite
Being bitten by a police dog is a traumatic and confusing experience. While law enforcement has the right to use police dogs in certain situations, their use has limits. If you believe the bite was unjustified, excessive, or violated your rights, you may have legal grounds to pursue a police dog bite lawsuit.
A knowledgeable California dog bite lawyer helps you navigate the complexities of these claims and advocate for the compensation you deserve. Don’t let your injuries go unaddressed—take action to protect your health and your rights.
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Disclaimer: This content should not be construed as legal advice.
As a personal injury attorney, my mantra is that there is no such thing as a “small case”. I will give 100% matter how big or small a case may be. I am fluent in English, Hebrew, and Spanish, languages which I use regularly in my practice.
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