Dog Owner Responsibilities: Legal Consequences for Negligence

Dogs have the potential to be very dangerous when proper safety precautions are not taken by their owners. According to data cited by the Los Angeles Times, nearly 50,000 people visit the emergency room in the State for dog bite injuries each year. In California, a dog owner has a responsibility to protect the public from the risk posed by their animal. When they fail to do so, they can be held accountable. Here, our Fresno dog bite attorney provides an overview of the consequences a dog owner in California may face for negligence.

California is a Strict Liability State for Dog Bites (Negligence Not a Required Element)

First and foremost, it is important for dog owners and dog bite victims to know that California is a strict liability state for bites. Under California Civil Code § 3342, dog owners are strictly liable for bites that occur in public places or when the victim is lawfully on private property. In other words, an injured victim does not need to prove the owner was negligent. If the dog bites someone, the owner is typically held financially responsible, even if it was the dog’s first offense.

Note: Some defenses against strict liability can be raised, such as trespassing and provocation.

Local Leash Laws and Owner Duties

Many California cities and counties have local leash ordinances requiring dogs to be restrained in public areas. Violating these laws may not only result in fines but can also be used as evidence of negligence in a civil claim. A dog owner who allows their dog to roam off-leash in a park where leashing is required may be found liable if the dog causes any type of injury, not just a dog bite. Responsible ownership includes complying with all local animal control regulations, including licensing, vaccinations, and fencing requirements.

Leash Law in Fresno: In Fresno, California, dog owners are required to keep their dogs on a leash or under immediate control when off their property. If a dog is not confined within the owner’s property, it must be on a leash or under direct control.

California Requires Dog Owners to Protect People From Dangerous Animals

If a dog has bitten or attacked someone, animal control or law enforcement may investigate and seek to have the dog officially declared “potentially dangerous” or “vicious.”

• A dog may be labeled “potentially dangerous” if it has bitten someone without provocation, acted aggressively, or injured a domestic animal.
• A dog may be deemed “vicious” if it has inflicted serious injury or if a prior “potentially dangerous” designation was ignored.

Once designated, the owner must follow strict regulations (e.g., secure confinement, liability insurance, warning signage). The failure to comply can lead to the seizure of the dog.

Set Up a Free Case Review With Our Fresno Dog Bite Attorney Today

At Nunes Law, Inc., our Fresno dog bite attorney is an aggressive advocate for victims and families. If you were attacked by a dangerous dog, we are here to help you hold the negligent dog owner accountable. Contact us right away for a free, no-obligation case review. With an office in Fresno, we represent dog bite victims throughout the entire region in Central California.

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