In order to fully appreciate the dog bite epidemic that is sweeping California and the United States, one must understand the laws that govern these tragic events. Like any other legal statute, dog bite laws can be extremely complicated and difficult to understand, but a little bit of knowledge can go a long way when your loved one is the victim of a dog bite, dog attack, or dog mauling. The State of California regulations that pertain to the rights and responsibilities of the owner of the offending dog are spelled out in Civil Code 3342.5:

California Civil Code §3342.5.
Owner's Duty to Remove Danger Present to Others by Dog

(a) The owner of any dog that has bitten a human being shall have the duty to take such reasonable steps as are necessary to remove any danger presented to other persons from bites by the animal.

(b) Whenever a dog has bitten a human being on at least two separate occasions, any person, the district attorney, or city attorney may bring an action against the owner of the animal to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the bites have been changed so as to remove the danger to other persons presented by the animal. This action shall be brought in the county where a bite occurred. The court, after hearing, may make any order it deems appropriate to prevent the recurrence of such an incident, including, but not limited to, the removal of the animal from the area or its destruction if necessary.

(c) Whenever a dog trained to fight, attack, or kill has bitten a human being, causing substantial physical injury, any person, including the district attorney, or city attorney may bring an action against the owner of the animal to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the bites have been changed so as to remove the danger to other persons presented by the animal. This action shall be brought in the county where a bite occurred. The court, after hearing, may make any order it deems appropriate to prevent the recurrence of such an incident, including, but not limited to, the removal of the animal from the area or its destruction if necessary.

(d) Nothing in this section shall authorize the bringing of an action pursuant to subdivision (b) based on a bite or bites inflicted upon a trespasser, or by a dog used in military or police work if the bite or bites occurred while the dog was actually performing in that capacity.

(e) Nothing in this section shall be construed to prevent legislation in the field of dog control by any city, county, or city and county.

(f) Nothing in this section shall be construed to affect the liability of the owner of a dog under Section 3342 or any other provision of the law.

(g) A proceeding under this section is a limited civil case. [Amended 1998 ch. 931.]v Although a dog bite, attack, or mauling is an undoubtedly painful and traumatic experience, a dedicated, compassionate, and knowledgeable dog bite attorney can represent you and help you get the justice you deserve. California statutes of limitations restrict the amount of time you have to take legal action, so if you hesitate you could lose your right to compensation. Act quickly, and contact a lawyer today.