California Civil Code 3342.5 covers the necessary duties owners must follow after their dog has bitten someone. According to the California Department of Public Health, nearly five million people suffer dog bite injuries every year in the United States. Dog bites be traumatic for victims, and in some circumstances, fatal. That’s why California has established a set of laws dog owners must follow if they’re caring for a dog with vicious tendencies.
Duty of the Owner After Their Dog Bites a Human Being
If an owner’s dog bites someone, they must remove all dangers presented to the victim by the dog bites.
Section 3342.5 covers dogs that have bitten any person on two separate occasions. In this scenario, the district attorney, or city attorney will investigate the dog owner to see if the dog’s aggressive behavior is due to the dog’s living conditions, treatment, or confinement. This action is required to fix or remove the danger, which has led to multiple people being bitten. The County Court where the bite took place may also step in to order the removal of the animal from the area, or its destruction if necessary.
Can there be Criminal Charges for Dog Bites?
Criminal charges are a possibility for dog owners if their dog injures someone. If they knew their dog was prone to violent behavior and did nothing to keep it from harming another human being they can be charged. In California, according to Penal Code 398, a dog owner must give bite victims their:
- Name
- Address
- Telephone number
- Name and (if applicable) license tag number of the dog
This is so the owner can communicate with the victim about the dog’s vaccination status, or so the victim knows who to claim damages from if their injuries are severe. Dog bites can be upgraded to misdemeanors or felonies if the victim dies as a result of the dog bite. In this case, a wrongful death lawsuit will need to be filed.
Can Other Parties be Held Responsible for a Dog Bite?
California Civil Code Section 3342 (a) states:
“The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while 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.”
This law applies to the “owner of any dog.” However, there are exceptions where other parties will be held responsible instead of the owner. When the dog is under the control of another person such as a keeper or handler, they can be liable for the dog biting another person. Liability in the case of dog bites is not based upon the statute, but common law rules. Unlike an owner, the keeper or handler must have been made aware of the dog’s vicious tendencies to be held liable for a dog bite. In certain situations, landlords may also be held responsible for dog bites if they know of a dog’s violent behavior towards other humans.
Contact a Dog Bite Liability Lawyer in California
If you’ve sustained injuries from a dog bite or your dog has bitten another person, the liability attorneys at Maison Law can help you take legal action to protect you from liability or get fully compensated for the damages you’ve endured. Contact Maison Law today for a free consultation and case evaluation. There are no upfront costs and you don’t pay a cent until we’ve won your case.
