What Dog Breeds Are Held Strictly Liable for Dog Bites in California?
Being attacked by a dog can be extremely traumatic. The majority of dog bites come from dogs that are familiar to their victim, and they often happen when an animal is surprised or afraid. Whether the dog in question is familiar or a stray, dog bite injuries can be very painful and will usually require costly medical treatment.
Thousands of Americans experience getting bit by a dog every year. Sadly, many of these victims are children. Emergency room visits are usually necessary to prevent the spread of dangerous infections and contagious diseases. Reconstructive surgeries may also become necessary if victims have suffered deep lacerations.
Our qualified dog bite attorneys at West Coast Trial Lawyers are experienced dog bite lawyers. We are prepared to fight for the rights of victims who have suffered as a result of a dog bite injury. Our lawyers are first rate trial attorneys who know how to recover maximum compensation for personal injury cases.
To schedule a free consultation, please contact our 24/7 legal team by calling 213-927-3700or filling out our quick contact form.
California Dog Bite Laws
With regard to California dog bite laws, under California Civil Code Section 3342, a dog owner is liable for damages suffered by anyone who was bitten by the dog regardless of if the owner knew or should have known about the dog’s dangerous condition. As long as the victim is in a public place, or lawfully on private property – including the dog owner’s property – the dog owner will be held responsible for any injuries the victim has suffered as a result of the attack. Even if the dog in question has never acted violently and its owner has no prior knowledge of the dog’s aggressive tendencies, the dog owner is strictly liable under California law. In other words, a dog bite victim does not have to prove that the dog owner acted negligently. This is different from the “one bite” rule followed by several other states where a dog bite victim must prove that because of a previous biting incident, the dog owner knew or should have known that the dog was dangerous.
Breed-Specific Ordinances in California
Most states, California included, have breed-specific laws for dogs. These breed-specific laws are primarily targeted at pitbulls and other breeds included in the pitbull line, as well as other dogs mixed with pitbull blood.
There have been 392 deaths in the United States throughout the past 12 years as a result of dog attacks. Approximately 65 percent of these deaths were caused by pitbulls. However, combining both pitbull and rottweiler numbers raises the figure to 76 percent. When you add dog breeds that are considered as “cousins” of pitbulls and rottweilers, the figure rises to nearly 90 percent of all deaths caused by breed-specific dogs.
There are many breeds cited on breed-specific ordinances. They include (but are not limited to):
- American Pit Bull Terriers
- American Staffordshire Terriers
- Staffordshire Bull Terriers
- And all dogs with the same blood heritage of bull-baiting as featured in the United Kennel Club
Why Pitbulls?
The history of the pitbull is violent and filled with grotesque imagery. Pitbulls were bred to bait and take down bulls that were chained up or placed inside a hole in the ground. The pitbull was specifically bred and trained to viciously attack the bull. Bull-baiting didn’t actually begin as a bloody pastime. It was once believed that bull-baiting would tenderize the bull’s tough meat for consumption. For a long time, it was illegal to kill a bull that hadn’t been baited by dogs. Over time, public perception changed and a collective demand to end bull-baiting grew in popularity.
Dog lovers often protest that people are quick to misjudge the pitbull. But facts show that the pitbull, and other related dogs, are involved in more serious dog attacks than any other breed.
California doesn’t specifically target the pitbull over any other breed, but there are ordinances pertaining to the pitbull. According to Breed-Specific Legislation (BSL) ordinances, a pitbull over four months old, and all dogs on the BSL, must be licensed. All pitbulls, along with any other dogs on the BSL, must also be spayed or neutered. The state of California takes this effort so seriously that $50 vouchers are available for low income families or any families with financial hardships to meet this requirement.
There is evidence that breed-specific laws are working. The number of pitbulls abandoned in animal shelters has dropped. This means that fewer animals are being euthanized. There are less pitbull mixes wandering the streets, and people are becoming more responsible dog owners.
Available Damages
An experienced dog bite attorney can help dog bite victims recover the compensation they deserve as a result of their injuries. Dog bite victims may be entitled to receive compensation for the following:
- Past and Future Medical Expenses
- Loss of Past and Future Income
- Pain and Suffering
- Loss of Earning Capacity
- Loss of Enjoyment of Life
- Emotional Distress
- Loss of Consortium
Contact Us to Find Out How We Can Help
If you have sustained injuries as a result of a dog bite, our expert dog bite attorneys at West Coast Trial Lawyers can help you recover compensation for the losses you have suffered, including medical bills, lost wages, pain and suffering, and more.
Contact us today by calling 213-927-3700or filling out our contact form to schedule a free consultation with our experienced, caring, and compassionate legal team.
FAQs
Most states, California included, have breed-specific laws for dogs. These breed-specific laws are primarily targeted at pitbulls and other breeds included in the pitbull line, as well as other dogs mixed with pitbull blood.
What is an example of breed-specific legislation? ›
The most drastic form of BSL is a complete ban; but BSL also includes any laws or governmental regulations that impose separate requirements or limitations, including but not limited to: mandatory spay-neuter, mandatory muzzling, liability insurance requirements, special licensing and additional fees, mandatory ...
What is the law 3342 in California? ›
California Dog Bite Law: Civil Code § 3342
According to California Law, Section 3342, the dog owner is liable for the damages it causes a victim who is bitten by the dog. The dog bite can occur in a public or private place, including the dog owner's property.
What states prohibit breed-specific legislation? ›
The following 17 states prohibit their municipalities from passing breed-specific laws: Colorado, Florida, Illinois, Maine, Minnesota, New Jersey, New York, Oklahoma, Pennsylvania, Texas, Virginia, Massachusetts, Nevada, Connecticut, Rhode Island, Utah and South Dakota. California prohibits most breed-specific laws, ...
What are alternatives to breed-specific legislation? ›
Other alternatives to BSL that have also been proposed include dangerous animal laws that are non-breed specific, like enforcement of local leash laws, as well as stronger enforcement of animal cruelty laws, and the prohibition of dog fighting. The creation of spay and neuter programs has also been suggested.
What is the pig legislation in California? ›
Passed in 2018, California's Farm Animal Confinement Initiative, often referred to as Proposition 12, required pork producers to give sows, or mother pigs, at least 24 square feet of space per animal.
How effective is breed-specific legislation? ›
Breed-specific laws can be difficult to enforce, especially when a dog's breed can't easily be determined or if it is of mixed breed. Frequently, breed-specific legislation focuses on dogs with a certain appearance or physical characteristics, instead of an actual breed.
Is breed-specific legislation expensive? ›
BSL is expensive to enact. Nationwide, BSL would cost an estimated $476 million per year, including enforcement of the law, related vet and shelter care, euthanization and disposal, and legal fees. There are about 4.5 million dog bites per year, resulting in about 40 deaths…
What is breed-specific legislation best friends? ›
BSL limits the right of responsible people to adopt and care for any breed of dog they choose. As a result of BSL and limited pet-friendly housing options, big dogs have a harder time getting adopted compared to their smaller counterparts, leaving them more at risk in shelters.
What is the Lucy's law in California? ›
The legislation, known as Lucy's Law, will ban the sale of puppies and kittens by third parties and ensure that anyone buying or adopting one under six months old deals directly with the breeder or an animal rehoming centre, rather than a pet shop or commercial dealer.
AB 44, Ramos. California Law Enforcement Telecommunications System: tribal police. Existing law establishes the California Law Enforcement Telecommunications System (CLETS) within the Department of Justice to facilitate the exchange and dissemination of information between law enforcement agencies in the state.
What is the 597 law in California? ›
California Penal Code [CPC] §597(a) – Animal Cruelty – Penal Code §597(a) makes it a crime to intentionally maim, mutilate, torture, wound, or kill a living animal.
Does California have breed restrictions? ›
Although California does not have breed-specific regulations, the state does have a law about “potentially dangerous” dogs. A dog may fall under this category in the following situations: If, when outside their property, a dog attacks a person in a manner that requires the person to take defensive action.
Why is breed-specific legislation not the answer? ›
There are a number of inherent problems with breed-specific legislation. Banning a specific breed punishes responsible dog owners who have well-trained dogs of that breed, while irresponsible owners who want a “dangerous dog” as a status symbol will simply choose another breed.
What is an XL bully? ›
The XL Bully breed type is a variant of the wider American Bully breed type. The XL Bully breed type is typically larger (both in terms of height and body shape) and more muscular than other American Bully breed types such as the 'Micro', 'Pocket', 'Standard' and 'Classic'. Characteristics.
What are the dog breeding laws in California? ›
(2) Each license shall authorize the whelping of no more than one (1) litter per female dog in any twelve (12)-month period and no more than one litter per domestic household in any twelve (12)-month period. (3) Breeding facilities housing fifty (50) or fewer sexually intact dogs over the age of one year.
What is the chicken legislation in California? ›
California has banned the sale of eggs, pork, and veal from animals housed in cages, a ban that came into force in 2022. The move followed a vote in 2018 in which citizens overwhelmingly backed a call for all eggs sold in the state to come from cage-free hens.
What are the dog laws in California? ›
Away from home dog owners must restrain their dog using a hand-held leash no longer than six feet. The person holding the leash must be capable of controlling the dog.
Why does California have such strict pet laws? ›
Simply put, California has some strict laws about which pets are permissible to own and keep. There are some reasons for prohibiting some popular pets from the state, such as the danger to native wildlife or people if they escaped.
