What Happens if a Dog is Declared Dangerous in California?

When California Animal Control declares a dog dangerous, a series of legal consequences and responsibilities for the owner and potential implications for the dog are set into motion.

The state put “dangerous dog laws” in place to protect public safety and ensure that the law holds animal owners accountable for their pets’ actions.

If you’re a dog owner or have been the victim of a dog bite, you should know how authorities declare canines dangerous, the potential liability involved, and the steps people can take to remedy damages.

Understanding the Criteria for a Dangerous Dog Declaration

California animal control officials can declare a dog dangerous if it meets one or more of the following criteria under Cal. Food & Agr. Code § 31602.

1. Engaged in unprovoked attacks on people or other animals, resulting in injury or death.
2. Displayed aggressive behavior that significantly threatens public safety.
3. Has a history of biting or attacking without provocation, even if the incidents did not result in severe injury.

It’s important to note that a dog does not have to cause severe harm or fatalities to be considered dangerous. Even minor bites or aggressive behavior can lead to a dangerous dog declaration if the authorities believe the dog poses a risk to the community.

Factors such as the severity of the incident, the dog’s history of aggression, and the likelihood of future incidents are all considered when determining whether a dog should be declared dangerous.

The Process of Declaring a Dog Dangerous

Let’s review how California authorities declare a canine dangerous and what happens afterward.

Animal Control Report

Proclaiming a dog is dangerous begins with a complaint or report filed with local animal control authorities. This complaint may come from a bite victim, a concerned neighbor, or anyone who has witnessed the dog engaging in aggressive or threatening behavior. Once you file a complaint, animal control officers will investigate the incident.

Canine Investigation

During the inquiry, animal control officers will gather evidence, interview witnesses, and assess the dog’s behavior to determine if there is sufficient cause to pursue a dangerous dog declaration. They may also review the dog’s history to see if there have been any previous incidents of aggression or biting.

Animal Control Hearing

If animal control believes that the dog poses a significant threat to public safety, they will initiate the legal process to declare the dog dangerous. This process usually involves a hearing before a judge or an administrative panel, where the state presents evidence and dog owners defend their pets.

After considering all the evidence and testimony, the judge or administrative panel will decide whether the dog should be declared dangerous. If the dog is declared dangerous, the courts will notify the owner of the decision and inform them of their legal obligations and responsibilities.

Consequences for the Dog Owner

After the courts proclaim a dog is dangerous, owners face a range of legal obligations and potential penalties under Cal. Food & Agr. Code §§ 31641-31646 can significantly impact their life and their pet’s future.

Some of the consequences for dog owners may include:

Mandatory Microchipping and Registration

Having the dog microchipped and registered as dangerous with local authorities.

Strict Confinement Requirements

Ensuring that owners keep their animals in a secure enclosure or kennel when not under direct supervision. When their dangerous dogs are outside the enclosure, owners must always muzzle and leash them.

Posting Warning Signs

Requiring owners to post clear and visible warning signs on their property, alerting others to the presence of a dangerous dog.

Liability Insurance or Surety Bonds

Requiring owners to obtain liability insurance or a surety bond to cover any potential damages or injuries their dogs may cause. Local laws usually specify the minimum coverage amount.

Behavior Modification Training

Ordering owners to attend animal ownership responsibility classes or enroll their dog in behavior modification training to address the aggressive behavior.

Fines and Court Fees

Subjecting owners to fines and court fees related to the dangerous dog declaration process and any subsequent violations of the dangerous dog laws.

Failure to comply with these requirements can result in additional penalties, such as criminal charges, further fines, and even the seizure or euthanasia of the dog.

Therefore, owners of dangerous dogs must understand and adhere to their legal obligations for the safety of the public and their pets.

Liability in Dog Bite Cases

Under California law, dog owners are held strictly liable for injuries caused by their pets, regardless of whether the dog has a history of aggression or has been previously declared dangerous.

This rule means that if a dog bites someone, the courts can hold the owner financially responsible for the victim’s medical expenses, lost wages, pain and suffering, and other related damages.

However, after the courts declare a dog dangerous and the animal causes injury, the owner may face additional liability and potential criminal charges.

In these cases, the victim may seek punitive and compensatory damages, as the owner was aware of the dog’s dangerous nature and failed to take appropriate measures to prevent the incident.

Protecting Your Rights as a Dog Bite Victim

If a dangerous or vicious canine has bitten you, take the following actions to help you build a strong case and ensure you receive compensation for a full recovery.

Seek Medical Attention

Even if the bite seems minor, having your injuries evaluated and treated by a medical professional is necessary. This self-care act provides documentation of your injuries, which can be important evidence in a legal case.

Report the Incident

Notify local animal control authorities about the dog bite incident. Reporting creates an official event record and investigates the dog’s behavior and the owner’s responsibility.

Document the Incident

Gather as much evidence as possible, including photographs of your injuries, witness statements, and other relevant information. This documentation can also be invaluable when pursuing a legal claim.

Contact an Experienced Dog Bite Attorney

A knowledgeable dog bite attorney can assess and quantify your damages, explain your legal options, and help you take on the complex process of seeking compensation for your injuries.

In California, dog bite victims generally have a two-year statute of limitations from the date of the incident to file a personal injury claim. However, LA Dog Bite Law advises acting quickly to preserve evidence and ensure you have the best possible chance of securing a favorable outcome.

Dealing with Dangerous Dogs and Declarations

Dealing with a dangerous dog can be a stressful and emotionally challenging experience, whether you are the owner receiving a declaration from the courts or a victim of a vicious dog bite.

In either case, experienced personal injury attorneys can help you understand your rights and options under California’s dangerous dog laws.

If you were bitten by a dog in Los Angeles, LA Dog Bite Law will help you obtain a fair insurance settlement or jury award to cover your medical expenses, lost wages, and pain and suffering. We hold dangerous dog owners accountable for their pet’s actions and can help you seek justice after a traumatic incident. Contact us.