Who can be held liable for a dog bite injury in California?

The laws in California governing dog bites are fairly straightforward. There are, however, exceptions. Generally speaking, under the California Civil Code, Section 3342.5, the owner of the dog is liable. This liability applies whether the bitten person, the applicable personal injury lawyer or any city attorney brings the litigation against the owner of any such dog.

Furthermore, California Penal Code, Section 399.5, states that anyone who possesses a dog that is trained to attack, fight or kill has committed a crime. Depending on the severity of the attack, any such person owning the dog that attacked might be guilty of a felony. The one general exception to this statute is if the person can reasonably show that he or she had no knowledge of the dog’s propensities.

In cases where the dog is not trained to attack, kill or fight but is, rather, trained to protect, both the civil and criminal statutes do not apply if the person bitten is trespassing, has threatened the owner of the dog in some way or has otherwise provoked the dog on purpose. Additionally, police and military dogs are exempt from the law if any bites occur when the dog, or dogs, are acting in the capacity as police or military dogs.

In all cases, treatment of the dog is central to the case. For example, if an otherwise good-natured, well-trained dog is kept in terrible conditions, any court may take such poor treatment of the dog into account when determining liability. Also, the owner of any dog is also required to make a good-faith effort to control his or her dog in all situations.

Young Wooldridge will always strive to get you the answers you need and advise you on how best to proceed with your case. If you or someone you know has suffered a dog bite, contact a personal injury lawyer at Young Wooldridge, LLP by calling 661.855.4886 or fill out an online form.

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