Working dogs, including police dogs (K9s), are trained to assist law enforcement, but their bites can cause serious injuries. While these dogs play a critical role in public safety, their handlers and agencies are responsible for ensuring they are used appropriately. If you’ve been bitten or attacked by a police or K9 dog, it’s important to understand your rights.
We specialize in handling cases involving dog bites from working dogs and can help you pursue compensation for your injuries.
What Are K9 Dog Bite Cases?
Understanding Dog Bite Injuries from Police or Working Dogs
Police dogs (K9s) are highly trained animals used by law enforcement to assist in apprehending suspects and other duties. Despite their training, K9 bites can result in serious injuries, particularly if the dog is not used appropriately or under proper supervision.
In New Mexico, K9 bite claims often involve both state and federal law. Under Section 1983 of the U.S. Code, victims may file civil rights claims if the use of a K9 amounts to excessive force, violating their Fourth Amendment rights. Victims must demonstrate that the K9 was deployed in an unjustified or excessive manner, considering the situation.
Types of Injuries Caused by K9 Dog Bites
Common Injuries from Police Dog Attacks
K9 dog bites can cause various serious injuries, often requiring extensive medical treatment. Common injuries include:
- Severe Lacerations and Puncture Wounds: K9s are trained to bite with force, leading to deep wounds that may require stitches or surgery.
- Permanent Scarring or Disfigurement: Injuries from K9 bites often result in permanent scars, particularly on visible areas like the face, arms, or legs.
- Nerve Damage: Severe bites can lead to nerve damage, which can result in long-term loss of sensation or movement.
- Broken Bones: The force of a K9’s bite can cause broken bones, especially in vulnerable areas like the hands or arms.
- Emotional Trauma: Victims of K9 attacks may suffer from emotional distress, anxiety, or post-traumatic stress disorder (PTSD), especially if the attack was unexpected or unjustified.
Our team works closely with medical professionals to assess the full extent of your injuries, ensuring that your claim covers both physical and emotional harm.
When Are Law Enforcement Agencies Liable for K9 Dog Bites?
Understanding Liability in Police Dog Bite Cases
Law enforcement agencies in New Mexico can be held liable for K9 dog bites if the dog was used in an excessive or unjustified manner, or if the dog was mishandled or improperly trained, resulting in unnecessary harm.
Negligence Claims: New Mexico’s Tort Claims Act (TCA) governs claims against government entities, including law enforcement. The TCA provides limited waivers of sovereign immunity, allowing claims for certain injuries, such as those resulting from negligence by government employees, including law enforcement. However, pursuing a claim against law enforcement for a K9 dog bite can be challenging, as it requires showing that the use of the dog was unreasonable or that the officer’s actions were negligent.
In addition to negligence, the TCA imposes specific limitations on claims against law enforcement, including a $400,000 cap on damages for personal injury claims. This cap limits the amount of compensation victims can recover from the government, although they may still seek additional damages from the individual officer if relevant.
Excessive Force Claims: Under Section 1983, you may file a civil rights claim if the police dog’s use of force was excessive, violating your constitutional rights. Such claims must prove that the dog was deployed in a manner inconsistent with proper law enforcement practices, leading to unnecessary harm. If successful, these claims may allow victims to recover compensation for pain and suffering, as well as other damages.
Legal Representation for Victims of Police Dog Attacks
We provide expert legal representation for victims of K9 dog bites. Here’s how we assist in your recovery:
- Investigating the Incident: We thoroughly investigate the circumstances surrounding the dog bite, gathering evidence such as police reports, witness statements, and video footage, if available.
- Proving Excessive Force or Misuse: Our legal team will collaborate with law enforcement and experts to determine if the use of the K9 was justified or excessive.
- Filing a Claim Against the Police Department: If we establish that the police department was liable for your injuries, we will file a claim seeking compensation for medical bills, lost wages, and pain and suffering.
- Litigation if Necessary: If a fair settlement is not offered, we are fully prepared to take your case to court and fight for your rights.
Compensation for K9 Dog Bite Injuries
What Damages Can You Recover After a Police Dog Attack?
Victims of K9 dog attacks may be entitled to various types of compensation, including:
- Medical Expenses: Compensation for emergency medical treatment, surgeries, rehabilitation, and any ongoing medical care.
- Lost Wages: If you’re unable to work due to your injuries, you can recover compensation for lost wages and any potential future loss of earning capacity.
- Pain and Suffering: Compensation for the physical pain and emotional trauma caused by the K9 attack.
- Permanent Scarring or Disfigurement: If the K9 bite resulted in permanent scars or disfigurement, you may be entitled to compensation for long-term physical effects.
- Punitive Damages: New Mexico law prohibits punitive damages against government entities under the Tort Claims Act. However, victims of excessive force or constitutional violations may still pursue compensation for pain, suffering, and emotional distress through Section 1983 claims. While punitive damages cannot be sought against the government entity itself, they may be available against individual officers in their personal capacity if they acted with malicious intent or recklessness.
Our team is dedicated to securing full compensation for both your physical and emotional injuries.
Frequently Asked Questions
FAQs About K9 Dog Bite Claims
Can I file a claim if I wasn’t involved in the police operation but was still bitten?
Yes. Even if you were an innocent bystander, you have the right to file a claim if you were bitten by a police dog.
Are law enforcement agencies always liable for K9 dog bites?
In New Mexico, the statute of limitations for personal injury claims, including dog bites, is generally three years from the date of the injury. However, if the claim is against a government entity, such as a law enforcement agency, the New Mexico Tort Claims Act requires that a notice of claim be filed within 90 days of the incident. Failing to meet this deadline can bar your ability to recover compensation.
How long do I have to file a claim after a K9 dog bite?
If you’ve been bitten by a K9, it’s important to seek immediate medical attention and consult with an attorney as soon as possible. Our experienced legal team will help you navigate the complexities of filing a claim against law enforcement and ensure that you receive the compensation you deserve.