Owners Need to Know Their Animals Reputation

Many people don't know about or consider the many various legal ramifications owning a pet or animal can bring. The law imposes special duties on animal owners. For example, you are liable for any injuries caused if the animal is dangerous by nature, or if you have reason to know of any dangerous habits in the animal.

Domesticated animals such as dogs, cats and horses are not generally thought of as dangerous by nature. Wild animals, however, always are legally presumed to be dangerous.

Factors that a judge or jury may consider in determining whether you should know of your animal's dangerous propensities include a general reputation of that species, the size, and breed, or if the animal is kept chained, muzzled or otherwise restrained.

In addition to the liability imposed upon owners of wild or dangerous animals, California has a law commonly called the "dog bite statute." This law makes you responsible for any injuries your dog causes to a person in a public place or by a person lawfully in a private place — this includes being on your property.

The liability imposed by the dog bite statute is not limited by your dog's behavior before the biting incident, or your knowledge of the dog's viciousness. You are liable even if your dog has never bitten a person before — Fido isn't entitled to a "free bite."

Under the Dog Bite Statute, you, as a dog owner, are responsible for injuries to a person who is hurt on your property if that person is lawfully there. Even if the neighbor's children are teasing your dog on your property and are bitten, chances are you will be legally liable for the damages.

People who are trespassing are excluded from the class of persons protected by the California dog statute. Police dogs or dogs used the military also are excluded from the dog bite statute.

A district or city attorney may bring action under California against you if your dog has bitten anyone. If your dog has bitten someone on at least two separate occasions, the district or city attorney may file an action for confinement destruction of the animal.

If your dog is trained to fight, attack or kill, and has bitten someone, inflicting serious physical injuries, the district or city attorney also may bring an action against you.

California law imposes serious obligations upon animal owners you own an animal, you should take reasonable precautions to prevent the possibility the animal might bite someone. If you have a dog, you also must take precautions to make sure the dog doesn't bite anyone while you are out in public with the animal, or even when you have guests visiting at your home.

People who leave their dogs in the back of pickup trucks in parking lots are exposing themselves to potential legal problems. If your dog bites someone and causes injury, or you or a family member are bitten, you have certain legal liabilities or rights, which your attorney can fully explain and advise you about.

James A. Testa is senior partner in the San Marcos-based law firm of Testa & Associates, LLP, and can be reached at 760-891-0490.