Please be advised that the following topic is for informational purposes only and not a legal matter currently handled by our firm. If you need further assistance regarding this particular topic, you can contact your local Bar Association for a referral to an attorney who may be able to address your inquiry in more detail.
Each year in California, thousands of people suffer serious injuries from dog attacks. In Los Angeles County alone, there are an estimated 20,000 dog bite incidents annually. When these attacks happen, victims are often left with severe physical and emotional scars, mounting medical bills, and questions about their legal rights.
A common question we hear is, “What is legally considered a ‘vicious dog’ in California?” The answer is more complex than many realize and has significant implications for both the dog’s owner and the victim.
California law has specific definitions for “vicious” and “potentially dangerous” dogs, which are based on the animal’s actions, not its breed. Understanding these definitions is the first step toward seeking justice and the compensation you deserve. At Sally Morin Personal Injury Lawyers, we help victims of serious personal injuries navigate the legal system and recover the damages needed to rebuild their lives.
This guide will explain California’s dangerous dog laws, the hearing process, how insurance covers bites, and the steps you should take to protect your rights after an attack.
What is the Legal Definition of a Vicious Dog in California?
In California, a dog’s breed does not automatically make it “vicious.” While breeds like pit bulls are often stereotyped, the legal definition of a vicious dog focuses entirely on its behavior.
According to California Food and Agricultural Code § 31603, a dog is considered legally vicious if:
- It inflicts severe injury on or kills a human being, without provocation.
- It was previously designated as a “potentially dangerous dog,” and after the owner was notified, it continued the dangerous behavior or committed another unprovoked attack.
The key elements here are lack of provocation and the severity of the injury. A dog that bites in self-defense or after being tormented would likely not meet this legal standard.
Potentially Dangerous Dog vs. Vicious Dog: Key Differences
California law makes a clear distinction between a “potentially dangerous dog” and a “vicious dog.” A dog may be labeled potentially dangerous first, serving as a warning to the owner.
Here’s a breakdown of the key differences based on California Food and Agricultural Code § 31602:
| Feature | Potentially Dangerous Dog | Vicious Dog |
| Defining Behavior |
|
|
| Consequences | Typically includes strict confinement, muzzling in public, and special licensing. Can be removed from the list after 36 months of good behavior. | Can be subject to court-ordered destruction (euthanasia). Cannot be removed from the list. |
| Owner Restrictions | Owner must adhere to specific safety and containment protocols. | An owner of a dog deemed vicious can be prohibited from owning any dog for up to three years. |
Severe Injuries Caused by Vicious Dogs
A major difference between vicious dogs and potentially dangerous dogs is that vicious dogs cause serious or fatal injuries. California code § 31604 defines severe injuries as any physical injury that results in:
- Muscle tears
- Lacerations causing disfigurement
- Injuries requiring multiple sutures
- Injuries requiring corrective surgery
- Injuries requiring cosmetic surgery
What Happens at a Vicious Dog Hearing?
When a dog is accused of being vicious or potentially dangerous, its fate is decided through a formal process known as a vicious dog hearing. This isn’t a criminal trial, but rather an administrative proceeding to determine if the dog poses a threat to public safety.
The Purpose: The hearing’s goal is to review the evidence of the incident and determine whether the dog meets the legal definition of “potentially dangerous” or “vicious.”
Who Participates:
- The Hearing Officer: An impartial official who hears the case and makes a ruling.
- The Dog Owner: Has the right to present evidence and argue their case.
- Animal Control: The officer who investigated the incident will typically testify and present their report.
- The Victim & Witnesses: The injured party and any witnesses to the attack have the right to attend and provide testimony about what happened.
Evidence Presented: The hearing officer will consider all relevant evidence, including police reports, animal control investigation reports, medical records of the injuries, photos and videos of the scene and injuries, and sworn testimony from all parties.
Possible Outcomes:
- Dog is Declared Vicious: The hearing officer may order the dog to be humanely euthanized.
- Dog is Declared Potentially Dangerous: The owner will be ordered to follow strict containment rules, such as keeping the dog in a secure enclosure, muzzling it in public, and posting warning signs.
- Case is Dismissed: If there is not enough evidence, the dog may be exonerated of the charge.
Penalties and Liability for Owners
When a dog attacks, the consequences for the owner are significant and fall into two categories: civil liability for damages and potential criminal charges.
Civil Liability (Strict Liability): California is a strict liability state for dog bites. Under Civil Code § 3342, a dog owner is liable for the damages suffered by anyone bitten in a public place or lawfully on private property. This is true regardless of the dog’s past behavior or the owner’s knowledge of its viciousness. This means a victim can sue for damages even if it’s the dog’s first bite.
Criminal Penalties: In addition to civil lawsuits, an owner can face criminal charges. If the owner knew their dog was dangerous and failed to control it, resulting in an attack that causes serious injury or death, they could be charged with a felony.
How Homeowner’s Insurance Covers Dog Bites in California
For a victim, a crucial question is: “How will my medical bills and other losses be paid?” In most cases, the answer lies with the dog owner’s homeowner’s or renter’s insurance policy.
- Source of Compensation: Standard homeowner’s and renter’s insurance policies include liability coverage. This coverage is designed to protect the policyholder from lawsuits for injuries that occur on their property or are caused by their negligence—which includes actions by their pets.
- Filing a Claim: After an attack, a victim’s attorney will typically file a third-party claim directly with the dog owner’s insurance company. The insurance company will then investigate the incident to determine liability.
- Policy Limits: Every policy has a liability limit, often ranging from $100,000 to $500,000 or more. If a victim’s damages (medical bills, lost wages, pain and suffering) exceed this limit, it may be necessary to pursue the owner’s personal assets.
- Consequences for the Owner: For the dog owner, a bite claim can lead to their insurance premiums increasing significantly. In some cases, especially with breeds the insurer deems “high-risk,” the company may refuse to renew their policy or insert a “canine exclusion clause” that removes all future coverage for dog-related incidents.
Are Pit Bulls or Other Breeds Banned in California?
A common misconception is that certain “aggressive” breeds like Pit Bulls, Rottweilers, or German Shepherds are illegal in California.
At the state level, California does not ban any specific dog breed. However, the law allows individual cities and counties to enact their own local ordinances, which may include breed-specific regulations related to spaying/neutering or containment. It’s important to check your local city or county laws, as they can impose stricter rules than the state.
A Step-by-Step Guide: What to Do After a Vicious Dog Attack
If you are attacked by a dog, your immediate actions are critical for your health and your potential legal case.
- Seek Medical Attention Immediately: Your health is the top priority. Call 911 or go to the nearest emergency room. A detailed medical report is crucial evidence for connecting your injuries to the attack.
- Report the Attack: Contact your local animal control agency and the police department to file an official report. This creates a legal record that is essential for a hearing and an insurance claim.
- Identify the Dog and its Owner: If possible and safe to do so, get the name, address, and contact information of the dog’s owner.
- Gather Evidence: Take photos and videos of your injuries, the location of the attack, and the dog if possible. Get the names and phone numbers of any witnesses.
- Do Not Speak to Insurance Companies: The dog owner’s insurance adjuster may contact you for a statement. It is best to decline to speak with them until you have consulted with an attorney.
- Contact a Personal Injury Lawyer: Navigating a dog bite claim involves proving liability, dealing with insurance companies, and calculating the full extent of your damages. An experienced attorney can handle this complex process.
Case Result: $150,000 Settlement for Vicious Dog Attack Victim
Imagine being attacked by two pit bulls while simply walking your own dog. This terrifying situation became a reality for one of our clients. While she was protecting her dog from the two aggressive, off-leash pit bulls, they knocked her to the ground, causing a severe fibula fracture that required surgery and a metal plate.
Unsure if she even had a case, she contacted us. Our team immediately went to work on her behalf, showing the true value of her damages, including the traumatic pain and suffering from the incident. We negotiated a $150,000 settlement for her. Furthermore, by working with Medi-Cal to reduce her medical debt, our client was able to put a fantastic $95,000 directly into her pocket.
What Our Clients Say
“My dog and I were recently attacked by a dog at the park. I wanted to talk to an attorney who would be honest about my prospects and not waste my time. Sally Morin is a straight-shooter. She got right to the point and had my best interest in mind the whole time. I would never wish the situation on anyone, but if it happens, you want Sally in your corner!” – Mary L, Yelp
Read Mary L.‘s review of Sally Morin Personal Injury Lawyers on Yelp
Calculate Your Potential Settlement
The value of a dog bite case depends on many factors, including the severity of your injuries, the cost of your medical treatment, and your lost income. To get a preliminary idea of what your case might be worth, you can use our interactive Settlement Calculator.
Personal Injury Settlement Calculator
Frequently Asked Questions (FAQ)
Why You Need a California Dog-Bite Attorney
You need legal representation for your dog injury case. A California dog-bite attorney will help you recover damages by:
- Determining the dog’s owner
- Proving the dog attacked you unprovoked
- Drawing a direct connection between the attack and your injuries
- Either settling or winning your case in court
You may be able to recover compensation for medical bills — such as surgeries, prescriptions, physical therapy, and any other medical expenses — lost wages, loss of future earnings, pain and suffering, and more.
Here at Sally Morin Personal Injury Lawyers, we help Californians maximize the amount they can receive in compensation for personal injuries. Call our dog-bite lawyers today at 877-380-8852.
