What Happens When You Have Been Bitten By A Police Dog?

We have had cases where our clients have been bitten by police dogs while the dog was in pursuit of a potential suspect. Supposedly, police dogs are only trained to act on command to knock down and corner suspects. However, we know from experience that police dogs severely maul and grab victims by the legs, arms and torso.

The issue of being bitten by a police dog and the ability to make a claim and sue the police agency is governed by California Civil Code Section 3342 which allows significant immunity to police and sheriff's departments for injuries caused by their dogs used during police or military work. There are exceptions when you can successfully bring a claim or sue for a police dog attack.

The exception is when the victim is (as our clients always are) an individual not involved in the act of committing the crime or not a suspect of the unlawful act. In these instances, we can and will make a successful claim for an unprovoked serious police dog attack. There is no police immunity for such a claim when the attack is unprovoked and the individual is an innocent bystander or not a suspect.

California Civil Code section 3342 - Military and Police Dog attacks provides as follows:

(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 the invitation, express or implied, of the owner.

(b) Nothing in this section shall authorize the bringing of an action pursuant 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 where 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 the 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).

If you or your loved one has been injured by a police dog and you are not a suspect, please contact us immediately. We have handled these cases throughout California. Please call us immediately at 800-718-4658. We will obtain monetary damages for your pain and suffering, emotional distress, we will get all of your medical bills paid and more.