What to Do if You Are Seriously Injured by a Police K9 in Long Beach, CA

Have you found yourself in an unfortunate situation where you’re wondering what to do if you are seriously injured by a police K9 in Long Beach, CA? Being seriously injured by a police K9 is a traumatic experience that may entitle you to legal recourse. While police dogs are valuable tools in law enforcement, their use must adhere to strict guidelines to prevent unnecessary harm.

If you find yourself in such a situation, understanding your rights and the steps to take is crucial.

Understanding the Legal Framework

Although California is a very populous state, Long Beach has seen a decline of approximately 5.8% in population since the 2020 Census. However, this decline does not take away from police involvement throughout the city, sometimes leading to unfortunate incidents involving serious injuries to residents and visitors by a K9.

In California, the use of police dogs is governed by both state law and federal constitutional protections. Under the Fourth Amendment, individuals are protected against unreasonable searches and seizures, which includes protection from excessive force during arrests. The use of a police dog can be considered excessive force if it is not reasonable under the circumstances.

Additionally, California’s Government Claims Act requires that before filing a claim against a public entity, such as the City of Long Beach, a written claim must be submitted within six months of the incident. Failure to file a claim within this timeframe can keep your claim from going through.

Immediate Actions to Take

1. Seek Medical Attention: Prompt medical evaluation is essential. Police dog bites can lead to severe injuries, including deep puncture wounds, nerve damage, and infections. Immediate treatment not only addresses your health but also helps document the extent of your injuries.
2. Document the Incident: Gather as much evidence as possible. This includes taking photographs of your injuries, noting the time and location of the incident, and identifying any witnesses present. This documentation will be vital for any legal proceedings.
3. File a Police Report: Even if the police are aware of the incident, filing an official report ensures that there is an official record. Be factual and detailed in your account.
4. Consult an Experienced Attorney: Engage a lawyer proficient in civil rights or personal injury law. An attorney can help navigate the complexities of the legal system, including the nuances of California’s Government Claims Act and federal civil rights laws.

Legal Grounds for a K9 Dog Bite Case

To pursue a case for injuries caused by a police K9, you must establish that the use of the dog was excessive and violated your rights. Factors that may support your case include:

• Lack of Immediate Threat: If you were not posing an immediate threat to officers or others, the use of a police dog may be deemed excessive.
• Failure to Warn: If officers did not give a clear warning before releasing the dog, it may strengthen your claim.
• Duration of the Attack: An extended attack by the dog, especially after you have surrendered, can be considered unreasonable.
• Injury Severity: The extent of your injuries, including permanent damage or disfigurement, can impact the outcome of your case.

Recent cases have highlighted the potential for significant settlements in such legal claims. For instance, the City of San José agreed to a $1.6 million settlement after a man suffered severe injuries from a police dog attack. Similarly, the City of Brentwood settled for nearly $1 million after a woman sustained serious injuries from a police dog bite.

Potential Damages You Are Entitled to

If your case is successful, you may be awarded several different forms of compensation, including:

• Medical Expenses: Coverage for past and future medical treatments related to the injury.
• Lost Wages: Compensation for time missed from work due to the injury.
• Pain and Suffering: Damages for physical pain and emotional distress.
• Punitive Damages: In cases where there was egregious misconduct, punitive damages could be awarded as a means to punish the wrongdoer and deter any future violations.

FAQs

What Happens If You Are Injured by a Police Dog?

If you’re injured by a police dog, you may have legal grounds to file a claim against the responsible law enforcement agency. Such cases often involve claims of excessive force or negligence. It’s important to seek medical attention immediately and document the injury.

Consulting a civil rights attorney may help determine whether your rights were violated and if compensation is possible. Evidence like witness statements, photos, and medical records will strengthen your case.

What Is the Two-Bite Rule in California?

Unlike some states, California does not follow a “two-bite rule.” It enforces strict liability. This means a dog owner is liable the first time their dog bites someone, regardless of the dog’s past behavior or the owner’s knowledge of aggression. The rules for K9 dog bites are a little different, which is why it is important to discuss your case and the particulars with an experienced attorney.

What Proof Is Needed for a K9 Dog Bite Case?

To prove a K9 dog bite case, evidence typically includes medical records documenting the injury, photographs of the bite, witness statements, and incident reports. Body camera footage, if available, is crucial. Professional testimony may establish excessive force or a lack of handler control.

Proof that the dog was a police K9 and used during official action is also key. Legal claims often involve excessive force or negligence, so context, such as the suspect’s behavior and threat level, is important.

What Types of Injuries Can Occur From a K9 Dog Bite?

K9 dog bites can cause various injuries, ranging from mild to severe. Common injuries include puncture wounds, lacerations, and bruising. More serious damage may involve torn muscles, nerve damage, or bone fractures. Infections are also a risk due to bacteria in the dog’s mouth.

Some victims experience emotional trauma, including anxiety or PTSD. Injuries can be worsened if the dog bites multiple times or holds on, leading to increased tissue damage and longer recovery times.

Contact Us Today

Suffering a serious injury from a police K9 in Long Beach is a serious matter that warrants legal attention. By taking immediate action, understanding your legal rights, and consulting with an experienced attorney, you can navigate the complexities of the legal system and work towards obtaining the justice and compensation you deserve. Contact Greg Peacock Law today so we may begin working on your case.