Non-suspect victim attacked by police dog could proceed with lawsuit

March 14, 2014

Non-suspect victim attacked by police dog could proceed with lawsuit

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If you are attacked by a neighbor's dog, you might expect that the neighbor would be responsible for your resulting personal injuries. However, what if you were randomly attacked by a police dog, through no fault of your own? Might you still deserve compensation for your dog bite injuries?

The California Court of Appeal recently discussed such a case in Pulido v. Reaver.

A police dog attacks

The victim was attacked by a police dog and suffered injuries as a result. A California parole officer was searching for a parolee to take into custody at the time, and he was being assisted by police officers, including a canine unit. The dog was released, even though those involved in the search knew it would probably bite anyone it found.

The parole officer had trained the dog and its handler under a contract with the city of El Segundo. Thus, the victim brought a negligence action, among other claims, alleging that the parole officer had provided grossly defective training to the dog and its handler.

On the first day of trial, the trial court judge held that the testimony of an expert would be necessary to determine the standard of care that the officer had owed the victim. Because the victim had offered no expert testimony in the case, the trial court dismissed the case. The victim appealed this ruling to the United States Court of Appeals.

Was an "expert" necessary to make the case?

The United States Court of Appeals for the Ninth Circuit held that it had been error to dismiss the victim's claim. Nothing in either the Federal Rules of Evidence or in California law mandated the designation of an expert witness in such a case.

Specifically, the court could find no evidence that California law required expert testimony to go forward with a dog bite case. The court believed that a jury, even without expert testimony, could determine whether or not police dogs are trained not to bite non-suspects and whether it was negligence that such a dog refused to release its grip on a person, even after the dog handler attempted to call off the dog.

Later, in a further appeal to the California Court of Appeal, that court agreed that the decision of the federal court was binding on the state trial court. The victim should be allowed to present his personal injurylawsuit.

Advocating on your behalf

If you have been injured due to an attack from a dog, you should consult with a personal injury attorney with experience in dealing with dog bite cases. Seek an attorney who will aggressively advocate on your behalf and explore every avenue to hold the negligent parties responsible for their actions.