The state law in California does not usually necessitate the euthanization of a dog that bit someone. However, if it has a biting history, then it may be euthanized in the event:
- It has bitten someone on two separate occasions at the least; or,
- It was trained to attack, fight, or kill and induces substantial physical injury.
The dog bite statute in California Civil Code Section 3342 provides compensation to the victim of a dog bite when they were lawfully in private property, comprising the dog owner’s property, or in a public place. Any individual, comprising a friend, a neighbor, or even a government official, can appeal in the court to euthanize the dog. However, a legal hearing has to occur before the euthanization of the canine.
The hearing’s purpose is to decide whether it is a threat to the public’s safety. The dog’s owner will also have a chance to present evidence to the court against the euthanization of their dog. However, one with a history of aggressive or violent behavior can be euthanized when the court finds it essential for public safety.
The state law imposes an additional duty of care upon the owner whose dog has a biting history. He or she has to take reasonable measures to keep others from being bitten by it. If the owner does not take the measures required to prevent the same, anyone can ask the court to euthanize it through a formal petition.
As said, a hearing is required prior to that, and the dog owner must have been notified of the hearing. The entity or individual calling the hearing has to present evidence that the animal cannot be controlled. The dog owner may present rebuttal evidence against the euthanization. Then, the court decides whether it is a public threat, and should it be sized as well as euthanized.
What Do Lawyers Say?
Were you or your loved one bit by a dog? If so, you can take legal action against the guilty party. California is a state that imposes strict liability on dog owners. That means they are held legally responsible without regard to the extent of their knowledge, negligence, or fault.
Lawyers for dog bites give advice to clients, assist victims to file a lawsuit, help them claim as much as compensation as possible, and possess sufficient knowledge on the matter. Animal attack attorney professionals say that some people actually do not wish to report dog bites fearing that their dog may be euthanized.