The California Dog Bite Law establishes legal precedents for dog attack cases.
Dog bites can occur for a number of reasons, even with dogs that are considered to be "good" and friendly. According to the Monterey, California County Society for the Prevention of Cruelty to Animals, "Any dog under the right circumstances may bite." The California dog bite law is designed to protect the legal rights of dog bite victims and dog owners.
Vaccinations
California law requires dog owners to vaccinate their dogs against rabies and to keep their licenses current. This helps to prevent the transmission of rabies from animals to people, and also ensures that stray dogs are able to be matched to their owners. Dog owners who fail to comply with these laws face harsh fines and penalties.
Statutory Strict Liability
Unlike Virginia, South Carolina, Idaho, Texas and a few other states, California has a statutory strict liability dog bite law in place. In other words, there is no "one bite rule." The first time that a dog bites someone, the owner of the dog is liable for damages and the dog must be quarantined, either at home or in a designated facility. If the dog without a current rabies vaccination bites someone, the chances are good that it will be destroyed. It does not matter whether or not the dog has a violent history or whether the attack happened in a public or private place.
After a Dog Bite
After a dog attack, victims should make sure to take pictures of their injuries and to save copies of all of their medical bills and document all other related expenses. Dog owners should offer to pay for these expenses, and doing so may help to avoid a court case.
In court, dog owners may be able to get the case against them dismissed if they can prove that the victim was trespassing or that the victim knowingly provoked the dog to bite. This may be difficult to prove, however, particularly in cases involving young children.
Vicious Dogs
Under the California Civil Code, a dog that has bitten a human more than twice is considered to be a vicious dog, and must be appropriately confined and monitored by its owner to make sure that subsequent attacks do not occur. If attacks do occur, the district attorney, city attorney or the court may take any action that they deem necessary against the owner and the dog in order to prevent further incidents.
Considerations
It is important for people to approach dogs with caution, even dogs that appear friendly. Children should be instructed never to approach a strange dog without the owner's permission. Dog owners should also make sure that their dogs are leashed at all times in public places and that they are closely monitored when they are off leash.
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