In California, there is a “strict liability” law in place for dog bites. This means that the owner will not be able to escape responsibility for the injuries his or her dog inflicts on people or pets. The belief that the dog would not act aggressively will not be an excuse for the dog’s owner to escape liability. The dog’s past will not determine whether or not the dog’s owner is deemed liable for a dog bite.
If a dog bites a person on public property or private property, the dog’s owner will be held liable. In other states, the dog owner will not be liable if the dog has never bitten anyone before. In California, the bite can be the first time that the dog bit someone, and you will be held liable for the bite.
The victim may be someone who is conducting business on your property, such as a postal worker or someone working on your pool. It also includes your guests whom you invite to spend time at your home.
Fleeing is Not the Answer
Because of the seriousness of a dog bite, some people flee the scene of the incident, but this is not a good plan. According to the California Penal Code, you may receive a fine of up to $100 if you flee after your dog bites someone. You are required to give the victim your name, address and telephone number and your dog’s name and license tag number. You have 48 hours to do this.
In the event that your child had custody of the dog when it bit someone, he or she is required to give the victim the contact information of an adult.
When Will Someone Not Be Held Liable?
A person would not be held liable if a dog were assisting a police officer or a member of the military. In this case, if the dog bites a suspect, it would have been doing its duty. You also cannot file a claim against the dog’s owner if the dog bit someone in response to being harassed, annoyed or provoked.
The exception applies in cases involving a police dog bite. According to the Fourth Amendment of the Constitution, people have “the right…to be secure in their persons…against unreasonable…seizures.” People have used this amendment and the Fourteenth Amendment of the Constitution to file lawsuits against police departments after being bitten by a police dog.
Owners may also be exempt from liability if the dog bite victim was trespassing, or was found to have provoked or antagonized the dog before the bite occurred.
Roaming
When in public places, it is illegal to allow your dog to roam on its own in the state of California. When this occurs, it leads to dog bites and other injuries. If the authorities find your dog roaming without supervision, the dog will be in a position to attack someone’s pet or a human being. Therefore, allowing a dog to roam leads to penalties and fines if no attack has occurred. If the dog does bite someone, you will be held legally liable for the mishap.
Previous Attacks
If your dog has bitten someone in the past, you are required to take reasonable steps to prevent your dog from biting again. If it does occur a second time, the district attorney will become involved and determine whether or not you did your due diligence in keeping your dog away from people so that a biting incident cannot occur again.
The district attorney may decide that he or she must take measures to prevent the dog from harming anyone. This may mean the dog will be removed from your home. In the most egregious cases, the district attorney may decide that it is in the best interests of humanity to euthanize the dog.
Leash laws are put in place to prevent dog bites from occurring. The state of California does not have a leash law, but the cities and counties of the state do. For the most part, the laws require dogs to be on leashes when they are in public places. This includes the common areas where humans and animals gather, such as sidewalks and parks. You can keep your dog off a leash at a dog park.
Whether it is required to be on a leash or not, you must have control of your dog at all times.
Can Your Dog Be Unleashed in Your Front Yard?
This will depend on the city or county in which you live. If you do not keep your dog within a fence, your city or county may require you to have the dog on a leash in the front yard. Without a fence to stop it, your dog could easily leave the property and possibly endanger someone in the neighborhood.
If you do have a fence and your dog is not free to interact with the public, the county or city may still require the dog to be on a leash. Check with your county or city to ensure that you are complying with all of the local rules and regulations.
Vicious Training of Dogs
Some dog owners train their dogs to attack, fight and even kill. If the dog bites someone and the bite results in a significant injury, the city attorney or the district attorney will decide whether or not the dog owner did enough to eliminate the danger that the dog poses to others. The hearing will take place in the county where the dog bite occurred. The court may decide that the dog must be removed from its home for the safety of other pets and people. It may also determine that the best course of action is to euthanize the animal.
Lawsuits
In California, there is a two-year statute of limitations on filing a lawsuit against a dog owner for a bite. This means that, if you fail to file a lawsuit against the dog’s owner within two years of the incident, the court may dismiss your case.
