This is necessary so that such animals can be temporarily isolated as required by law in an approved place and manner (oftentimes at the owner's residence) and observed for at least 10 days for any symptoms of rabies. This requirement applies whether or not the biting animal has been vaccinated against rabies.
Frequently Asked Questions About Animal Bites
Q: What is considered a bite?
A: A bite is a bite injury by an animal that causes a break in the skin or a puncture in the skin.
Q: I have just been bitten or my child has just been bitten. What do I do next?
A: If it is a serious bite, call 9-1-1 immediately. Otherwise, consult a medical professional for care or advice.
- Provide medical attention to the bitten person if necessary. Take photos of the bite(s) as soon as it is safe following the incident. The photos of the bite injuries will be important as evidence at a later date if you choose to attempt to recover damages through civil processes. Also, Animal Services will ask for copies of pictures of the bite injuries if we initiate a Potentially Dangerous, Dangerous or Vicious Dog Hearing.
- At the scene of the incident, try and get as much animal owner and animal information as possible. Animal Services needs this important information in order to locate the animal owner and animal for CA mandated bite quarantine investigation and rabies quarantine procedures. ***Important information to collect would consist of the animal owner’s name, address and phone number, description of the animal, the animal’s name and the vaccination status of the animal (has the animal been vaccinated for rabies?).*** Again, this information will also be important at a later date if you choose to proceed against the dog owner civilly and Animal Services will need this information if we initiate a Potentially Dangerous, Dangerous or Vicious Dog Hearing.
- Report the animal bite by calling Animal Services at 408/794-7297 as soon as possible - Do NOT submit an online report-. If you decide not seek medical treatment for the bite victim, report the bite yourself. Medical professionals treating bite victims are required by law to report animal bites to Animal Services.
Q: Can a dog owner be held responsible for injuries incurred by someone other than a bite injury?
A: Yes. It is important to remember that dog owners can be held responsible for injuries other than a bite that are caused by their dog. For example, if a person has to take defensive action to avoid a dog bite and is injured while taking the defensive action, the dog owner can be held liable for the damages incurred by the victim while taking defensive action to avoid being bitten.
Q: What information do I need to report the bite?
A: Important information to collect at the scene of the incident would consist of the animal owner’s name, address and phone number, description of the dog owner and the animal, the animal’s name and the vaccination status of the animal (has the animal been vaccinated for rabies?). If the animal owner takes the biting dog and flees the scene, a description of the vehicle and a vehicle license plate number would help Animal Services locate the owner.
Q: What happens after I report a dog bite?
A: After you report a dog bite, Animal Services Dispatch will then assign an Animal Services Officer to investigate the incident.
Q: What if it is my own dog that bites me or my child?
A: It is still important to report the bite. Animal Services will investigate the bite.
Q: What if I do not know who the dog or owner is? What if the animal was running at large at the time it bit me?
A: Report the bite anyway. An Animal Services Officer will investigate the incident. Quite often, it is possible for Animal Services to locate a dog owner by description of the animal, location of the bite incident and a description of the dog owner. Animal Services can set up a 10 day patrol of the area of the bite incident in an effort to locate the biting dog.
Q: What if I am bitten by an animal other than a dog?
A: If you are bitten by any type of domestic or exotic pet, you should report the bite. Animal Services will investigate all bite incidents.
Q: What if I am bitten by a wild animal?
A: If you are bitten by a wild animal, and it is safe to do so, you should try and confine the animal and call Animal Services to come and pick up the biting animal ASAP after the bite. The biting animal will be tested for rabies and the County Health Laboratory will report the animal’s rabies status back to you following the testing. Consult a medical professional to discuss the need for tetnus and rabies vaccinations. If the biting animal has run away, it is sometimes possible for Animal Services to set a trap to try and catch the animal.
Q: If my dog bites someone will my dog be euthanized?
A: Luckily, most dog bites are not severe.
There are municipal requirements for dog owners to properly confine their dogs. If the dog was running at large, not currently vaccinated for rabies and was not currently licensed with the jurisdiction in which you live, you could be held responsible for municipal fines.
If your dog has previously been designated a Potentially Dangerous, Dangerous or Vicious Dog at the time of the bite, the dog will be impounded and a municipal hearing will be initiated. It is very rare that a biting dog would be immediately euthanized. There is a municipal Dangerous Dog hearing process that would be followed.
Separate from the municipal liabilities if your dog bites someone, you can also be held civilly liable for the damages your dog creates. The bite victim can sue you civilly (see CA Civil Code 3342 Liability of Dog Owner for Damages Suffered From Dog Bite).
Q: What happens if I don’t report the bite?
A: You could be cited by an Animal Services Officer and you could face municipal fines.
Q: What if the bite was animal to animal rather than a bite to a human?
A: Report the bite. Animal Services will investigate the incident.
What if the dog did not bite me, but I was injured taking defensive action to avoid the bite?
A: Report the bite. Animal Services will investigate the incident. Dog owners are responsible for the actions of their pets. Depending on the extent of the injuries and the nature of the incident, the dog owner could be held responsible on a municipal, or even a criminal level. A bite victim can sue the dog owner civilly for personal damages caused by an incident caused by a dog.
Q: Can I recover medical costs from a dog owner whose dog has injured me or my child?
A: Yes, but not through Animal Services. You have civil remedies.
Q: What if my dog has bitten before?
A: If your dog has a bite history it is likely that Animal Services will initiate a municipal hearing for either a Potentially Dangerous, Dangerous or Vicious Dog, depending on the nature of the incidents and the severity of the bites.
WHEN IN DOUBT…REPORT!!!
ANIMAL BITE RELATED SAN JOSE MUNICIPAL CODES
SJMC 7.40.070 Animal Bites
A. Any person having knowledge that an animal is known to have or is believed to have bitten any person must immediately report the basis for such knowledge or belief to the Administrator. (Animal Services)
SJMC 7.40.030 Animals Running at Large
It is unlawful for the animal owner/guardian or person with a right to control any animal to permit the animal to stray or run at large upon any public street or other public place, or upon any private place or property or common area of any planned development, cluster, townhouse, or condominium project without the consent of the owner or person in control thereof.
SJMC 7.40.040 Restraint of Dogs
A. The dog owner/guardian or person with a right to control a dog must keep the dog confined to his or her premises or keep the dog confined behind a fence of sufficient height and construction to safely contain the dog.
ANIMAL BITE RELATED STATE CODES:
CA Penal Code 398 Dog Bites
(a) If a person owning or having control of an animal knows, or has reason to know, that the animal bit another person, he or she shall, as soon as practicable, but no later than 48 hours thereafter, provide the other person with his or her name address, telephone number, and the name and license tag number of the animal who bit the other person. If the person with custody or control of the animal at the time the bite occurs is a minor, he or she shall instead provide identification or contact information of an adult owner or responsible party. If the animal is required by law to be vaccinated against rabies, the person owning or having custody or control of the animal shall, within 48 hours of the bite, provide the other person with information regarding the status of the animal’s vaccinations. Violation of this section is an infraction punishable by a fine of not more than one hundred dollars ($100).
(b) For purposes of this section, it is necessary for the skin of the person to be broken or punctured by the animal for the contact to be classified as a bite.
CA Penal Code 399 Death by Mischievous Animals
CA Civil Code 3342 Liability of Dog Owner for Damages Suffered From Dog Bite
(a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of dog or the owner’s knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, expressed or implied, of the owner.
CA Civil Code 3342.5 Duty of Owner of Biting Dog: Court Action Against Owner
(a) The owner of any dog that has bitten a human being shall have the duty to take such reasonable steps as are necessary to remove any danger presented to other persons from bites by the animal.
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