LA County Sued After Police Dog Mauling: Know Your Rights in a K-9 Attack

Every year, thousands of people require emergency medical treatment due to injuries sustained from police attack dogs. In California alone, over 180 people were seriously injured by police dogs from 2020 to 2021, resulting in permanent disfigurement and even death. Recently, Los Angeles County faced a lawsuit after a woman was severely injured by a Sheriff’s Department K-9. This incident has brought increased scrutiny to the use of police dogs and raised important questions about your rights if you or someone you know is a victim of a K-9 attack.

Recent Lawsuit Against LA County

In February 2023, Rosa Ramirez was attacked by a Los Angeles County Sheriff’s Department dog while standing outside her home. The dog, searching for a fleeing suspect, clamped down on her hand, causing severe injuries that required multiple surgeries and a skin graft. As of July 2024, Ramirez still suffers from numbness, limited movement, and an inability to grip or write with her left hand.

Ramirez has filed a lawsuit against Los Angeles County, alleging that the Sheriff’s Department’s “find and bite” canine program is dangerous and lacks proper oversight. Her attorney, Colleen Flynn, argues that the department “impermissibly and unreasonably delegated to the dogs the discretion whether to bite suspects,” effectively shifting decisions about force from humans to animals. The lawsuit seeks to end the “find and bite” program and hold the department accountable for Ramirez’s injuries.

Understanding Your Rights in a K-9 Attack

If you or someone you know has been injured in a K-9 attack in Los Angeles County, it’s essential to understand your rights and the legal options available to you. California law provides some protection for individuals who have been bitten by dogs, including police dogs, but there are exceptions and limitations.

California’s Strict Liability Dog Bite Law

California is a “strict liability” state when it comes to dog bites. This means that a dog owner is generally liable for injuries caused by their dog’s bite, regardless of whether the dog has a history of aggression or the owner knew of any dangerous propensities.

To bring a successful claim under California’s strict liability law, you must prove that:

The dog bit you.
You were lawfully on public or private property (i.e., not trespassing).
The bite caused your injuries.

Exceptions for Police and Military Dogs

While California’s strict liability law generally applies to all dog bites, there are exceptions for bites inflicted by police or military dogs. Under California Civil Code Section 3342(b), a government agency is not liable for dog bites if the dog was:

Defending itself from an annoying, harassing, or provoking act.
Assisting an employee of the agency in:
- Apprehending or holding a suspect where the employee has a reasonable suspicion of the suspect’s involvement in criminal activity.
- Investigating a crime or possible crime.
- Executing a warrant.
- Defending a peace officer or another person.

However, this exception does not apply if the victim of the bite 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. In other words, if you were an innocent bystander who was bitten by a police dog, you may still have a claim against the government agency.

Unreasonable Force

Even if the police dog was acting within its official capacity, you may still have a claim if the officer used unreasonable force in deploying the dog. The courts will consider several factors to determine whether the use of force was reasonable, including:

The severity of the crime at issue.
Whether the suspect posed an immediate threat to the safety of the officers or others.
Whether the suspect was actively resisting arrest or attempting to evade arrest by flight.
Whether the police gave a warning before using the dog.
The extent of the injuries sustained by the suspect.

If the court finds that the officer used excessive force in deploying the dog, you may be able to bring a claim for violation of your Fourth Amendment rights under 42 U.S.C. Section 1983.

Steps to Take After a K-9 Attack

If you or someone you know has been injured in a K-9 attack, it’s crucial to take the following steps to protect your rights:

Seek Medical Attention: Your health and safety are the top priority. Even if the bite seems minor, seek immediate medical attention to prevent infection and address any underlying injuries.
Report the Incident: Report the dog bite to the local animal control agency and the law enforcement agency involved. This creates an official record of the incident. In Los Angeles, you must report a dog bite to Animal Services.
Identify the Dog and Owner/Agency: Gather as much information as possible about the dog, its owner (if not a police dog), and the law enforcement agency involved.
Gather Evidence: Collect evidence related to the attack, including photos of your injuries, witness statements, and police reports.
Consult with an Attorney: Contact a qualified personal injury attorney experienced in dog bite cases and police misconduct claims. An attorney can help you understand your rights, evaluate your case, and pursue the compensation you deserve.

Damages You May Be Able to Recover

If you have been injured in a K-9 attack, you may be entitled to recover various types of damages, including:

Medical Expenses: Coverage for emergency care, surgery, medication, and ongoing treatment.
Lost Wages: Compensation for time missed from 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 some cases, you may be able to recover punitive damages if the conduct of the dog’s owner or handler was particularly egregious.

Time Limit for Filing a Claim

In California, the statute of limitations for personal injury cases, including dog bite cases, is two years from the date of the injury. If your claim involves a government entity, you may need to file a notice of claim within six months of the incident. It’s crucial to consult with an attorney as soon as possible to ensure that you meet all applicable deadlines.

Seeking Justice and Accountability

Being mauled by a police dog can be a traumatic and life-altering experience. While law enforcement agencies have the right to use K-9 units in certain situations, they must do so responsibly and with proper oversight. If you believe that you or someone you know has been the victim of an unjustified K-9 attack in Los Angeles County, it’s essential to understand your rights and seek legal guidance. By taking action, you can hold the responsible parties accountable and work to prevent future incidents.