There are limits to the injuries police dogs may inflict in the course of their duties.
California has fairly strict liability laws for dog owners, and you may be able to get compensation for pain and suffering associated with a bite owned by a private individual even if the bite didn’t break the skin. However, it is not always so easy to secure compensation when bitten by a police dog. Police service dogs, including aggressive, powerful breeds like German Shepherds and Belgian Malinois, are often used in the apprehension of suspects presumed to be dangerous. When these dogs bite, the victim often does not have any grounds for a dog bite injury claim against the police.
When Police Are Not Liable
California law provides for police or military dogs to bite without liability or penalty in certain specific circumstances. First of all, they may bite in response to annoying, harassing, or provoking behaviors directed at them by any citizen. Secondly, they may bite while assisting in official military or police work, such as:
- Apprehending or holding a suspect
- Investigating a crime
- Executing a warrant
- Defending their handler or another person
When Police Might Be Liable
The law also states that police dogs should only be used to apprehend or hold individuals who are reasonably suspected of participating in or being a party to the specific acts that occasioned the police action. In other words, police dogs are not permitted to bite innocent bystanders. In the case of a such a bite, the police department would be liable for the injuries inflicted by the dog.
The police might also be liable for damages if the use of the dog constituted excessive force. For example, it would not be appropriate to use a dog to hold a suspect in connection with a non-violent crime if that suspect did not have a weapon and made no attempt to evade arrest. Police could also be liable if they permitted the dog to continue attacking past the point where the suspect was subdued, or encouraged the dog to make a particularly violent and protracted attack.
Claims Can Be Brought Against All Police Departments Involved
Another thing that is important to know about police dog injury cases is that claims can be brought against any and all cities whose police personnel were involved in the incident. For example, 86-year-old bystander Robert Rose of Orange CA won $135,000 from the city of Garden Grove and $105,000 from the city of Anaheim after a police dog knocked him down and severely injured his arms in his own backyard.
If you or a loved one has been injured by a police dog, don’t just assume there’s nothing you can do about it. Instead, come to expert dog bite injury attorney Michael A. Kahn for a professional evaluation of your case and learn about your rights and options.
