With very few exceptions, dog owners are strictly liable under California law if their dog bites another person. So do you need to euthanize a dog after an attack? Section 3342(a) of the California Civil Code provides that the owner of a dog is liable for injuries and damages that were suffered by any person “who was bitten “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 the dog or the owner’s knowledge of such viciousness.”
For example, the only three exceptions to this rule appear to be if the victim provoked the dog or was a trespasser. The third defense is if the dog was a military or police dog. This exception protects the dog if it bit somebody during the course of its duties. Additionally, the fact that the owner’s dog never bit anybody in the past is no defense. California isn’t a “one free bite” state.
Can a California Court Order Mandate to Euthanize a Dog After an Attack?
According to section 3342.5 of the California Civil Code, a court can order to euthanize a dog after an attack, if it has bitten people on two separate occasions, or the dog was trained to fight people or other animals and caused severe injury to a person. Just about anybody, including the victim, an animal control officer, the district attorney or the city attorney can bring an action against the owner of a dog to have it destroyed.
Such court actions occur in the county where the dog bit the individual. A judge will make a determination on whether the dog is a threat to public safety. All proceedings under section 3342.5 are civil in nature, so a case need not be proved beyond a reasonable doubt. The owner of the dog in question will have the opportunity to present evidence. This evidence needs to show that the owner took precautions to prevent harm to the public. Failure to take those precaution will likely result in a judge ordering that the dog in question be destroyed.
Given the fact that California is a strict liability state, that should tell you that it takes dog attacks seriously. If a dog bit you or your child anywhere in California, and you know who the owner of the dog is, contact our offices here at Maison Law right away for a free consultation and case review with our California dog bite lawyer. If we believe that we can effectively pursue compensation, and we enter into a retainer agreement with you, no up-front retainer fee is even due. That’s because we take these types of cases on a contingency fee basis. Our goal will be to obtain the maximum settlement or award that you or your child deserve.
Contact a Personal Injury Lawyer
After an accident involving a serious injury in the Central Valley, contact attorney Martin Gasparian for a free consultation and case evaluation. Mr. Gasparian takes a hands-on approach to every case. He believes that every client should work directly with their lawyer. This is in order to get honest advice and personalized attention to detail their case deserves.
