California law allows a dog to be declared dangerous to protect public safety and hold the owner accountable for the dog’s actions. Victims of dog bites and attacks have the right to seek financial compensation from the owner when their dog causes injury unprovoked. Be sure to do so with the help of a San Diego dog bite lawyer. However, many people wonder what happens when the city declares the dog dangerous.
Laws Related to Dog Bites in California
Under Cal. Food & Agr. Code § 31602, the state can declare a dog dangerous if it meets specific criteria. This typically means meeting at least one of these specific criteria:
- Unprovoked attacks. In some way, the dog attacked a person or another animal unprovoked, meaning that party did nothing to instigate the conflict, and that party suffered an injury or death from the attack.
- Displayed aggressive behavior. The dog displayed significant aggressive behavior, warranting concern that the animal poses a threat to public safety.
- History of biking or attacking. The dog has attacked or otherwise harmed someone in the past, even if its bites did not result in serious injury.
This law clarifies that a dog need not cause serious harm to a person to be labeled dangerous. In situations where the dog just shows aggressive behavior or causes minor injuries, they can still have the dangerous dog declaration issued. This decision comes down to the authorities’ belief that the dog poses a public risk.
Consequences of a Dog Being Declared Dangerous in California
In situations where there is evidence that the dog violated one of these three criteria, an animal control report, canine investigation, and an animal control hearing may occur, all of which aim to document the risk to the public. From there, the following consequences may apply:
- Microchipping and registration: The state will require the dog’s owner to microchip the animal and register it with local authorities as a dangerous dog.
- Confinement: The owner must keep their dog in a kennel or secure enclosure when the dog is not under direct supervision. In any situation where the dog is outside of the enclosure, the owner must ensure the dog is on a leash and muzzled.
- Warning signs: The owner must then post clear, visible signs on their property to warn others of the dog’s presence. If someone comes up to the home, they should be able to see these signs.
- Insurance protection: Owners must obtain liability insurance or a surety bond to cover the dog and any damages or injuries it could cause to others. Most local cities have specific liability insurance requirements.
- Behavior training: Some owners may need to attend an animal-ownership responsibility class. These rules may also require the dog to enter a program specifically for behavior modification.
- Fines and fees: Owners will likely have to pay fines and fees throughout the process.
- Liability compensation: In situations where their dog bites someone, the owner may be responsible for medical bills, lost wages, and other losses incurred.
The consequences of declaring a dog dangerous in California can be severe from an owner’s perspective. If you are the victim of such a dog’s attacks, you have the right to seek legal action to recover your losses with help from a San Diego dog bite lawyer.