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.
Does breed-specific legislation work? ›
Are Breed-Specific Laws Effective? There is no evidence that breed-specific laws make communities safer for people or companion animals. Following a thorough study of human fatalities resulting from dog bites, the Centers for Disease Control and Prevention (CDC) decided to strongly oppose BSL.
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 are the 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 new pitbull law? ›
Now, for the first time in 34 years, pit bulls are once again legal in all of Florida. On Oct. 1, House Bill 941 went into effect in Florida, prohibiting governmental public housing authorities from banning dogs based on their breed, weight or size. The law also overturned remaining breed bans by local governments.
How many states have breed-specific legislation? ›
Approximately 550 jurisdictions in the United States have enacted breed-specific legislation in response to a number of well-publicized incidents involving pit bull–type dogs, and some government organizations such as the U.S. Army and Marine Corps have taken administrative action as well.
Why does BSL not work? ›
Because identification of a dog's breed with certainty is prohibitively difficult, breed-specific laws are inherently vague and very difficult to enforce. Breed-specific legislation is discriminatory against responsible owners and their dogs.
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 are the advantages of breed-specific legislation? ›
The objective of breed-specific legislation, which primarily targets pit bulls and their derivatives, is to prevent severe and fatal attacks before they occur. Dangerous dog laws that are non breed-specific usually react after a damaging or deadly attack; they do not prevent the first attack.
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.
Breed Specific Legislation was introduced in 1991 as part of the Dangerous Dogs Act 1991.
What is the position statement on breed-specific legislation Aspca? ›
ASPCA Position
The ASPCA supports reasonable “leash” laws and laws that regulate dogs who have caused unjustifiable injury or who present substantial danger to the public. However, the ASPCA opposes laws that ban specific breeds of dogs or that discriminate against particular breeds.
Is breed-specific legislation good? ›
There is no evidence that breed-specific laws, which are costly and difficult to enforce, make communities safer for people or companion animals.
Why are breed restrictions legal? ›
Safety. Above all, the main reason for breed restrictions is safety. Certain breeds of dogs are perceived as dangerous and there are concerns they may harm other individuals living in or around the rental property.
What is non breeding rights? ›
Breeders who choose not to offer breeding rights, thus ensuring that their bloodline isn't tampered with by outside parties, are left earning less money when they sell puppies. For many breeders, this isn't an issue as the bloodline itself is usually more important than the money earned from sales.
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? ›
Chickens are permitted in most of Los Angeles backyards, as long as they are kept at least 35 feet from a neighboring structure. The California law requires a chicken coop be 60 square feet (five feet by 12 feet) and hold no more than 60 chickens.
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.
