California Penal Code 399 makes it a crime to own or keep a dangerous animal in California. Owners can suffer penalties if they fail to take steps to control it, which results in somebody getting seriously injured or killed.
Under this law, owners can be criminally charged for injuries or damages caused by their animals. In addition, injured victims are also entitled to pursue a personal injury lawsuit against the animal owner.
What Does the Law Say?
Under California law, an animal is considered dangerous if it is a wild animal or it is a domesticated animal that is known or prone to hurt other people. Domesticated animals are considered house pets such as dogs and cats, or livestock like horses and cows. The language of the law under Penal Code 399 states:
“(a) If any person owning or having custody or control of a mischievous animal, knowing its propensities, willfully suffers it to go at large, or keeps it without ordinary care, and the animal, while so at large, or while not kept with ordinary care, kills any human being who has taken all the precautions that the circumstances permitted, or which a reasonable person would ordinarily take in the same situation, is guilty of a felony.
(b) If any person owning or having custody or control of a mischievous animal, knowing its propensities, willfully suffers it to go at large, or keeps it without ordinary care, and the animal, while so at large, or while not kept with ordinary care, causes serious bodily injury to any human being who has taken all the precautions that the circumstances permitted, or which a reasonable person would ordinarily take in the same situation, is guilty of a misdemeanor or a felony.”
How is a Person Convicted of Violating Penal Code 399?
For a person to be convicted of violating Penal Code 399, a prosecutor must prove beyond a reasonable doubt that the animal owner:
- Had custody or control of the animal
- Knew it was dangerous
- Allowed the animal to run free
- Failed to exercise ordinary care to control it
- As a result, the animal caused serious injuries or death to another person
The penalties a person might face for this violation will be dependent on whether the victim suffered serious bodily injury, or was killed by the animal. Serious bodily injury would be considered a “wobbler,” meaning it could be ruled a felony or misdemeanor, depending on the prosecutor’s discretion. If the victim is killed, then it is an automatic felony. Felony charges for failure to control a dangerous animal can include up to three years in jail and a $10,000 fine. If the careless animal owner is charged with involuntary manslaughter, then they could face even harsher penalties.
Dangerous Animal Bites and Rabies
According to the Center for Disease Control, nearly 4.7 million dog bites occur in the United States each year with almost one million of these bites requiring medical care. However, some bites can result in more than just a flesh wound. Rabies can be transferred through an animal’s saliva and into your bloodstream if you are bitten. Since there can be no obvious sign of rabies for several months, it is important to get checked by a doctor immediately after a bite from an aggressive animal. If you seek medical treatment, doctors may start you on a series of anti-rabies shots to stimulate the production of antibodies and protect you against a rabies infection.
Find Support for Injured Dangerous Animal Victims
If you or a loved one has been injured due to a dangerous animal, you may be able to claim damages from the liable party. The personal injury attorneys at Maison Law take Penal Code violations very seriously. Our firm has years of experience aggressively pursuing compensation for innocent victims and ensuring the liable party is responsible for the full extent of their damages. These damages include:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your injuries
- Cost of living with your injury
- Damage done to your property during the accident (if applicable)
The next thing would be to include your non-economic damages. These cannot be defined with a dollar amount because they include:
- Pain and suffering caused by your injuries
- Stress and anxiety due to the severity of the incident
- Your mental state after enduring a life-changing event
At Maison Law, we offer all victims and their family members a free, no-risk consultation. No upfront money is required for our legal services and we only get paid if we win your case. Contact Maison Law today for a free consultation and case evaluation.
