A Los Angeles resident had to surrender her dogs to animal control after the animals reportedly attacked an elderly man and left him injured. According to a KTLA news report, this was not the first time the dogs were aggressive toward neighbors.
The Mid-City incident began when a woman’s three dogs escaped their yard. A home’s surveillance footage captured the incident, as at least one of the dogs could be seen getting a hold of an elderly man’s leg as he was out for a walk in the neighborhood.
Ongoing Investigation and Potential Charges
The victim could be heard screaming for help as the dog latched onto his leg as another dog jumped on him. The victim’s son, Alberto Maytorena, told KTLA that his father had to go to the hospital and that his entire leg was “just torn apart from the dog.”
Neighbors said the dogs escape their home frequently, and there have been issues. The victim’s daughter, Lupita Rodriguez, said her father suffered multiple injuries in the dog attack after getting bitten on his ankles.
Rodriguez told KTLA that had it been a smaller person or a child, the dog could’ve bitten the neck or torso, and the incident could have been fatal. Heidi Hernandez, the dog’s owner, told KTLA that she felt “terrible” for the man’s injuries but insisted that her dogs are not vicious. She blamed the neighbors for “being mean” to her dogs.
The fate of her dogs is not clear. KTLA reports that she could be facing criminal charges in connection with this attack. The dogs are currently in the custody of animal control officials. Neighbors say this attack could’ve been prevented if the dogs had been confiscated earlier.
Dog Attacks in Los Angeles and California
According to recent state data, there has been an increase in emergency room visits, hospitalizations and fatalities as a result of dog bites in Los Angeles and California. The state saw an even more marked increase post-COVID lockdowns.
In 2022, the Department of Health Care Access and Information reported that there were 48,596 emergency room visits for dog bites in California – a 70% increase in the rate of visits compared to 2005.
Statistics show that the rate of hospitalizations doubled from 2006 through 2022. Even though deaths from dog bites are rare, the fatality rate in California rose about 70% during the same period with 28 deaths in the state from 2018 through 2022.
Nationally, dog bites were the underlying cause of 96 deaths in 2022, while the death rate more than doubled from 2005 to 2022, according to the U.S. Centers for Disease Control and Prevention (CDC).
Dog Owners’ Responsibility and Liability
In California, dog owners bear significant responsibility to ensure the safety of others and prevent bites and attacks involving their pets. State laws mandate that dog owners keep their animals under control at all times including in public areas and in their own homes.
This includes adhering to leash laws, which vary by city but generally require that dogs be restrained on a leash when outside the owner’s property. In Los Angeles, for instance, dogs must be on a leash no longer than 6 feet in public spaces.
California also imposes strict liability laws on dog owners. Under California Civil Code Section 3342, a dog owner is legally responsible for any injury their dog causes irrespective of whether the dog has a history of aggression.
This means that even if a dog has never bitten anyone before, the owner is liable if it attacks someone, provided the person was legally on the property or in a public space at the time of the attack.
Dog owners should properly train and socialize their pets to reduce the risk of aggressive behavior. Responsible dog ownership also includes securing their property to prevent accidental escapes and ensuring pets are vaccinated, which helps protect both the dog and the public from health disease risks like rabies.
What Are Victims’ Rights After a Dog Attack?
In California, victims of dog attacks have robust rights to ensure they receive adequate compensation and support for their injuries and recovery. California’s strict liability laws hold dog owners legally responsible for injuries their dogs cause, regardless of the dog’s past behavior or the owner’s knowledge of potential aggression.
Victims of dog attacks can seek compensation for various damages, including medical expenses for immediate and ongoing care, such as surgeries, physical therapy, and mental health support.
Additionally, they are entitled to claim compensation for lost wages if their injuries prevent them from working as well as damages for pain and suffering caused by the physical and emotional trauma of the incident.
In cases where the victim is left with lasting scars or disabilities, they may also claim damages for disfigurement, emotional distress, diminished quality of life, or the need for long-term medical care.
Beyond financial compensation, victims have the right to report the attack to local animal control or law enforcement agencies. This can prompt an investigation to assess the dog’s behavior and determine if it is dangerous to the public.
Depending on the outcome, authorities may impose restrictions on the dog, require the owner to take specific measures like training, or even mandate the animal’s removal from the community.
California also allows for punitive damages in cases where the dog owner exhibited reckless or malicious behavior such as deliberately inciting the dog or ignoring clear warnings of danger. Additionally, negligent dog owners may also face criminal charges, depending on the facts and circumstances of the incident.
Do I Need a Dog Bite Lawyer?
After a dog attack, working with a dog bite lawyer can be essential to ensure you receive fair compensation and navigate the legal complexities that could arise. Dog bite cases often involve proving liability, assessing medical costs, and calculating compensation for pain, suffering, and lost wages.
An experienced attorney understands California’s strict liability laws, which hold owners responsible for their dog’s actions, and can help gather the necessary evidence to support your case.
A lawyer also deals with insurance companies on behalf of their clients. Dealing with insurance companies on their own could be challenging for victims and their families. These corporations or their representatives may attempt to reduce settlements or shift blame, but an injury attorney will advocate for your rights and push for maximum compensation.
In severe cases where there are long-term injuries or emotional trauma, a lawyer can assess all potential damages, ensuring that you receive the support you need for recovery and long-term care.
Source: https://ktla.com/news/local-news/dog-attack-in-los-angeles-neighborhood-leaves-elderly-man-seriously-injured/
