Yes, the specific details of the dog will make a difference in a California dog attack case. The breed of the dog, in particular, may be relevant to breed-specific ordinances and whether the owner of the dog has insurance coverage such as home owner’s insurance or an “umbrella” liability rider that may pay for some of your damages.
If you or a close relative has been the victim of a dog bite or attack, you may want to talk to california personal injury attorney As soon as possible before the filing deadline has passed. You can also ask an attorney whether the breed, size, or age of the dog matters in your dog bite case.
breed of dog
California does not have breed-specific state laws that focus only on pit bull dogs. However, you can find local ordinances at the city or county level that are breed-specific. Rather than singling out pit bulls, state law focuses on “vicious,” “dangerous,” or “potentially dangerous” dogs.
Breed-specific local legislation imposes breeding restrictions and requirements and spay or neuter programs for certain breeds of dogs, including:
- german shepherd,
- pit bull,
- Staffordshire Bull Terriers, and
- American Pit Bull Terrier.
The specific dogs that are included in breed-specific legislation (BSL) in your city or county may differ from this list. Also, owning one of these breeds as a pet may have difficulty obtaining home owner’s insurance. Some companies will not insure a homeowner who has one of these dogs. Some companies issue homeowner’s insurance policies but specifically exclude coverage for dog bites or attacks.
California law makes it a crime when the owner does not control a dog designated as a “dangerous dog”. A dog may be classified as dangerous, potentially dangerous, or vicious because previous fights or attacks injured someone, continued aggressive behavior, or injured or killed a person or domestic animal.
The breed, size or age of the dog is not considered. Rather, the dog’s behavior is the controlling factor. If someone is injured by one of these dogs, in addition to criminal penalties, a jury may award substantial money damages to the injured party.
A large breed dog may come to mind when considering dog bite or dog attack injury cases, but some small breeds can be just as aggressive as large breeds. In fact, chihuahuas are grouped with pit bull terriers, German shepherds, or shepherd mixes as the breeds most frequently reported for dog bites. California Department of Public Health,
There is no age at which a dog automatically becomes gentle, especially if it has a history of being vicious or aggressive. In fact, just like humans, when dogs age, they can become physically uncomfortable or mentally confused, which can lead to fighting or aggression.
If someone else’s dog injures you with an unprovoked attack or dog bite, the owner can’t get out of liability because the dog is old. At the other end of the scale, the fact that a puppy may not have the maturity to control itself does not prevent owners from failing to stop the dog from harming people.
The bottom line is that a dog owner has strict liability under California law if their pet bites or otherwise injures someone, even if the owner was not negligent and the animal has no history of violence or aggression. The person who owns the dog may be liable for the injuries sustained by the victim. A California personal injury attorney can help you hold the dog owner accountable for the damages you caused. to help you with your case contact our office today, The initial consultation is free, and there is no obligation.