Information on California Dog Bite Laws
Each state has a formal code of dog ownership, with statutes governing all aspects of dog and owner responsibilities. The Legislature of California has brought about a number of modern and successful dog laws, but among the most important and rigorous are the sections governing unprovoked dog attacks and dog bites. Unprovoked in the eyes of the law generally refers to a dog incident in which the dog attacks a person or pet without being incited by the victim.
The California dog ownership laws specifically define what a dog menace's behavior is judged to be. However, with every mention of dog behavior in this section, the term unprovoked is used. Dogs which cannot control their behavior are completely different from dogs who are incited by the bite victim.
The local animal control authorities have the complete blessing of the law to impound any dog deemed to be dangerous to the public. Owners who refuse to turn over their animal will suffer legal consequences and may face charges of their own. Naturally, there have been some exceptions defined in the law. Military and police dogs, if performing their natural duties while the bite occurred, may avoid being impounded. However, this will typically only apply to work-related bites.
After an animal is taken into custody, the dog owner will have a chance to defend their animal in an administrative procedure. The dog will be judged at that time whether or not it is a menace. If the court rules that the animal is a menace to the public, an owner may have to pay a fine. At the worst, a dog may be put down.
However, California courts do have leeway to rule in favor of the dog. A dog protecting its owner's legal property from trespassers is a fair defense. Another common defense for a dog is protection of its owner from violence or the threat of violence from the dog bite victim. Both are considered reasonable defenses for a dog to bite another person or animal.
Fines for dogs labeled a menace may range from $500 to $1,000 depending upon the severity of the injury and whether this was a first offense. A losing dog owner may also have to pay court fees. In the event of a dog bite or a court dispute, the animal in question will be quarantined at a neutral location. The owner will have to pay the upkeep.
For more information about dog bite laws or if you have been injured as a result of an dog attack please contact a professional personal injury lawyer and they will be able to provide you with up to date information about current laws and as well as help you get fair compensation.