The California Civil Code and the Food and Agriculture Code
provide remedies for potentially dangerous and vicious dogs.
The Civil Code requires owners to take reasonable
steps to protect other people from dog bites from dogs previously known to
bite:
3342.5. (a)
The owner of any dog that has bitten a human being shall have the duty to take
such reasonable steps as are necessary to remove any danger presented to other
persons from bites by the animal. Do not assume, however, that California law
permits every dog "one free bite." That is not the case; as seen in the section
on Civil liability for dog bites, an owner is responsible in damages for that
first bite and every subsequent one, and a dog that was trained to fight can be
destroyed after the first bite, as will be seen below. Any person, the local
district attorney or city attorney may take action if the same dog has bitten a
human being two or more times:
An owner is
responsible for damages for the first bite and every subsequent one, and
a dog that was trained to fight can be destroyed after the first bite, as will
be seen below.
Any person, the local district attorney or city attorney may take
action if the same dog has bitten a human being two or more
times:
3342.5 (b) Whenever a dog has bitten a human being on at least
two separate occasions, any person, the district attorney, or city attorney may
bring an action against the owner of the animal to determine whether conditions
of the treatment or confinement of the dog or other circumstances existing at
the time of the bites have been changed so as to remove the danger to other
persons presented by the animal. This action shall be brought in the county
where a bite occurred. The court, after hearing, may make any order it deems
appropriate to prevent the recurrence of such an incident, including, but not
limited to, the removal of the animal from the area or its destruction if
necessary. The "two bite" requirement of section
3342.5(b) is reduced to one bite, and any person may commence
legal proceedings against the owner, if the dog has been trained to fight,
attack or kill:
The "two bite" requirement
of section 3342.5(b) is reduced to one bite, and any person may commence legal
proceedings against the owner, if the dog has been trained to fight, attack or
kill:
3342.5 (c) Whenever a dog trained to fight, attack, or kill has
bitten a human being, causing substantial physical injury, any person,
including the district attorney, or city attorney may bring an action against
the owner of the animal to determine whether conditions of the treatment or
confinement of the dog or other circumstances existing at the time of the bites
have been changed so as to remove the danger to other persons presented by the
animal. This action shall be brought in the county where a bite occurred. The
court, after hearing, may make any order it deems appropriate to prevent the
recurrence of such an incident, including, but not limited to, the removal of
the animal from the area or its destruction if necessary. The foregoing
provisions do not authorize proceedings if the dog bit a trespasser or was
being used for military or police work:
3342.5 (d) Nothing in
this section shall authorize the bringing of an action pursuant to subdivision
(b) based on a bite or bites inflicted upon a trespasser, or by a dog used in
military or police work if the bite or bites occurred while the dog was
actually performing in that capacity.
The California Food & Agriculture Code contains a number of
sections pertaining to dogs:
A "potentially dangerous dog" is a
dog that meets the criteria set forth in section 31602 of the California Food
& Agriculture Code:
31602.
"Potentially dangerous dog" means any of the following: (a) Any dog which, when
unprovoked, on two separate occasions within the prior 36-month period, engages
in any behavior that requires a defensive action by any person to prevent
bodily injury when the person and the dog are off the property of the owner or
keeper of the dog. (b) Any dog which, when unprovoked, bites a person causing a
less severe injury than as defined in Section 31604. (c) Any dog which, when
unprovoked, on two separate occasions within the prior 36-month period, has
killed, seriously bitten, inflicted injury, or otherwise caused injury
attacking a domestic animal off the property of the owner or keeper of the
dog.
A
"vicious dog" is one that meets
the criteria set forth in section 31603 from the same code:
31603. "Vicious dog" means any of the following (a)
Any dog seized under Section 599a of the Penal Code and upon the sustaining of
a conviction of the owner or keeper under subdivision (a) of Section 597.5 of
the Penal Code. (b) Any dog which, when unprovoked, in an aggressive manner,
inflicts severe injury on or kills a human being. (c) Any dog previously
determined to be and currently listed as a potentially dangerous dog which,
after its owner or keeper has been notified of this determination, continues
the behavior described in Section 31602 or is maintained in violation of
section 31641, 31642, or 31643.
A
"severe injury" is
defined as follows:
31604. "Severe injury" means any physical
injury to a human being that results in muscle tears or disfiguring lacerations
or requires multiple sutures or corrective or cosmetic surgery.
POTENTIALLY DANGEROUS