Who is liable after a Sacramento dog attack?

If someone legally enters the property of another person and is bitten by that person’s dog, or if an owner’s dog escapes and attacks a person off the owner’s property, that owner is liable for any damages. Owners are not liable if the dog is simply protecting its home and owner or if the dog is being used in a policing capacity.

The law also provides for the destruction of a dog if the animal has bitten twice or if the dog has been trained to fight and seriously injures a person. Section 3342.5 gives the prosecuting attorney of the city or county the authority to bring an action against the owner for this type of remedy, and tasks the local government with the responsibility of carrying out these actions.

Finally, there are some cities in California that have enacted breed-specific legislation against certain breeds. Under these laws the ownership of certain breeds (usually pit bulls) is completely banned.

Overall, the dog bite law in California boils down to two important facts: first, owners are responsible for their animals; second, there is no “one-bite” rule on liability as there is in some states. In California, the first time a dog bites, the owner is liable for the damages.