What should I do if I'm bitten by a dog?

QI was walking back from the market when a dog randomly attacked and bit me. My hand needed stitches.

The dog owner was very apologetic, and said the dog got out through the front door. What steps should I take with this?

A— K.T., Manhattan Beach

California Civil Code Section 3342 is known as the dog bite statute. In California, a dog owner is strictly liable for injuries caused by his or her dog, whether the owner had knowledge of the dog's dangerous propensity or not.

California data shows there has been an increased number of emergency room visits, hospitalizations and even deaths from dog bites. Speaking with Luciano Aguilar, the well-regarded head of Presidential K-9 Dog Training in Hawthorne, he makes clear: “One of the best ways to avoid getting bit is to show kindness to dogs by using good etiquette. Before approaching a new dog, take a step back, ask for permission, and consider their feelings and personality. It's a simple way to keep things friendly and avoid any potential discomfort.”

Steps you should take as the victim of a dog bite include: (1) Know the dog's identity, including its owner (name, address and phone number); (2) Suggest the homeowner to make a claim on his or her homeowner's insurance, which might cover your damages; (3) Submit an incident report to the appropriate authority; (4) Of course take good care of yourself; (5) Get photographs of your injuries, bruising and clothing; (6) If there is a witness, get his or her name, address and phone number, and (7) Give real thought to legal representation.

QA kid got onto our property without our knowledge or permission. We think he was there to steal the e-bike. Our dog bit him below his knee. I am hearing his mom is going to make a claim against us. Are we on the hook even though he was on our property illegally?

A— H.R., Rancho Palos Verdes

There are various defenses to consider if a claim is made because your dog bit someone, such as: (a) the victim provoked the dog; (b) the owner is a government entity which was utilizing the dog in police or military work; (c) inadequate identification of the dog; and (d) trespass.

The dog bite statute referenced above protects a victim “while in a public place or lawfully in a private place, including the property of the owner of the dog.” Note the phrase “lawfully in a private place.” If the individual was there illegally — let alone there to commit a crime — you may have a very formidable defense.

There are some niceties, such as whether you had any knowledge or awareness the person was on your property, or perhaps he had been there before, or you gave some form of implied authorization for him to be there. Bottom line, to err on the side of caution, my suggestion is that you consult with knowledgeable counsel. You may decide to give notice to your homeowner's insurance if a claim is made, but first promptly talking the matter out with a qualified lawyer (or your insurance broker) could be prudent.

Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.