Setareh Law
October 16, 2024
California operates under a strict liability rule for dog bites, meaning that dog owners are generally responsible for injuries caused by their pets, regardless of the animal’s previous behavior or the owner’s knowledge of any aggressive tendencies.
Breed-specific legislation refers to laws that regulate or ban certain dog breeds perceived as dangerous, such as pit bulls, Rottweilers, or German Shepherds. While California does not have statewide breed-specific laws, some local municipalities have enacted their own regulations targeting specific breeds. Setareh Law can help you determine the next course of action in order to protect your rights.
Breeds Commonly Impacted by Breed-Specific Legislation
The breeds most commonly impacted by breed-specific legislation in the United States are:
- Pit bull terriers
- Rottweilers
- German shepherds
- Doberman pinschers
- American bulldogs
- Mastiffs
- Staffordshire bull terriers
- Alaskan malamutes
- Wolf hybrids
However, any dog is capable of being aggressive and biting, regardless of breed, size, or temperament. Factors that can contribute to aggression in dogs include fear or anxiety, pain, illness, lack of proper socialization, resource guarding, and improper training. All dog owners have liability for their dogs’ actions and can be held accountable under California law.
Banned Dog Breeds in California
Unlike some states, California does not have a statewide ban on specific dog breeds. However, individual cities and counties within the state may have their own regulations regarding certain breeds. These local ordinances can vary widely. Some municipalities may restrict breeds commonly perceived as dangerous and require muzzles, neutering, or spaying.
Dog Breed-Specific Laws in California
Although California doesn’t have statewide breed-specific legislation, it does have laws that address dangerous dogs regardless of their breed. These laws focus on the behavior of individual animals rather than blanket restrictions on entire breeds. The California Food and Agricultural Code defines dangerous dogs based on their actions, such as unprovoked attacks or aggressive behavior. This approach allows for fairer assessment of each dog’s potential risk to public safety, rather than relying on breed stereotypes.
Under California law, a dog may be classified as potentially dangerous if it has engaged in unprovoked biting incidents, displayed aggressive behavior in public spaces, or caused injury to people or other animals. This classification is not permanent and can be reevaluated after a specified period if the dog’s behavior improves.
Potentially Dangerous Dogs
In California, a dog may be classified as potentially dangerous if it meets specific criteria outlined in the law. These criteria include engaging in unprovoked behavior that requires defensive action to prevent bodily injury, inflicting injury through non-severe biting on a person or animal, or killing a domestic animal without provocation. If your dog is deemed potentially dangerous, you’ll face additional responsibilities and restrictions to ensure public safety.
Laws That Dog Owners Must Follow If They Have a Dangerous Dog
If your dog is classified as dangerous or potentially dangerous in California, you’ll be required to comply with specific regulations to ensure public safety. These requirements may include obtaining a special license, maintaining secure enclosures, and using a muzzle and leash when in public spaces. You may also be required to post warning signs on your property and carry additional liability insurance.
Contact a California Dog Bite Lawyer at Setareh Law
If you’ve been involved in a dog bite incident, seek legal advice to understand your rights and responsibilities. A California dog bite lawyer can help you navigate the complex legal landscape surrounding these cases, ensuring that your interests are protected.
At Setareh Law, our experienced attorneys specialize in dog bite claims and can provide expert guidance tailored to your specific situation. We can help you understand the relevant laws, assess liability, and pursue appropriate legal action if necessary. Contact Setareh Law at (310) 659-1826 or fill out our contact form to schedule a consultation.
