In most instances, a dog will not be euthanized after biting in California. A dog owner is liable for their pet’s actions. Thus, if a dog bites you, the pet’s owner can be held responsible for the incident and all associated losses.
Talk with a San Diego dog bite lawyer if you are worried that an animal will be euthanized after it attacks and injures you. Your attorney can review your case and determine if you have grounds for a lawsuit against the pet’s owner. They can also provide insights into what will happen to the dog involved in the incident.
When Will a Dog Be Euthanized After Biting in California?
A dog can be euthanized if it has rabies. Per the County of Los Angeles Public Health Rabies Control Manual, a dog may be quarantined for 10 days after it attacks someone. If there is a high risk that the animal has rabies, it may be placed into quarantine at a veterinarian’s office or animal shelter. Alternatively, if there is a low risk of rabies, the animal may be quarantined at their owner’s home.
Regardless of where this dog is quarantined, if rabies is confirmed, the animal may be euthanized. No hearing will be completed prior to the euthanization, as the animal is considered a public threat at this point.
Outside of this situation, a dog may be euthanized after a court hearing if it has bitten at least two people previously. The dog bites must have taken place as part of two separate incidents. They may not count toward California’s two-bite limit if the victims were trespassers or the animal was a military or police dog working at the time they occurred.
A dog may be euthanized if it bites someone and causes this individual to suffer a serious injury. In this scenario, a hearing must take place before the dog is euthanized.
How the Hearing Process Works Before a Dog Can Be Euthanized in California
A dog bite victim, an animal control officer, or other parties can initiate the hearing process for euthanizing a dog. Next, the dog’s owner is notified about the hearing. Each party is given the opportunity to argue their respective case.
Following a hearing, a dog may be deemed not to be a threat. If this occurs, the animal is released into the custody of its owner. Comparatively, if the dog is considered to be a threat, the pet owner’s license may be revoked or suspended, or the animal can be impounded. In rare instances, euthanasia may be ordered.
How Strict Liability Applies to a Dog Bite Injury Case in California
Based on California Civil Code 3342, aka “the dog bite statute,” a dog owner can be held accountable for injuries that someone suffers due to their pet’s actions. Thus, if a dog bites you, the pet may not face euthanasia. Rather, the pet’s owner may have to compensate you for the harm their animal caused.
To argue that a pet owner is liable for your dog bite injuries, you must prove that this individual was negligent. This may require you to prove that the owner did not practice a reasonable level of care to keep their dog a safe distance away from you. Or, you may have to show that the dog owner did not have their pet on a leash while in a public space, which put you in danger.