Category Archives: Dog Bite Law

California Law – Potentially Dangerous Animals

dogs CALIFORNIA LAW – POTENTIALLY DANGEROUS ANIMALS (PDA)

The California Civil Code and the Food and Agriculture Code provide remedies for potentially dangerous and vicious dogs.

The Civil Code requires owners to take reasonable steps to protect other people from dog bites from dogs previously known to bite:

3342.5. (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. Do not assume, however, that California law permits every dog “one free bite.” That is not the case; as seen in the section on Civil liability for dog bites, an owner is responsible in damages for that first bite and every subsequent one, and a dog that was trained to fight can be destroyed after the first bite, as will be seen below. Any person, the local district attorney or city attorney may take action if the same dog has bitten a human being two or more times:

An owner is responsible for damages for the first bite and every subsequent one, and a dog that was trained to fight can be destroyed after the first bite, as will be seen below.

Any person, the local district attorney or city attorney may take action if the same dog has bitten a human being two or more times:

3342.5 (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. The “two bite” requirement of section

3342.5(b) is reduced to one bite, and any person may commence legal proceedings against the owner, if the dog has been trained to fight, attack or kill:

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The ”two bite” requirement of section 3342.5(b) is reduced to one bite, and any person may commence legal proceedings against the owner, if the dog has been trained to fight, attack or kill:

3342.5 (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. The foregoing provisions do not authorize proceedings if the dog bit a trespasser or was being used for military or police work:

3342.5 (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.

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The California Food & Agriculture Code contains a number of sections pertaining to dogs: 

A ”potentially dangerous dog” is a dog that meets the criteria set forth in section 31602 of the California Food & Agriculture Code:

31602. “Potentially dangerous dog” means any of the following: (a) Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog. (b) Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in Section 31604. (c) Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.

A ”vicious dog” is one that meets the criteria set forth in section 31603 from the same code:

31603. “Vicious dog” means any of the following (a) Any dog seized under Section 599a of the Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code. (b) Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being. (c) Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 31602 or is maintained in violation of section 31641, 31642, or 31643.

A ”severe injury” is defined as follows: 

31604. “Severe injury” means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

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DON’T LISTEN TO PEOPLE WHO TELL YOU TO KILL YOUR DOG!

 

DAVID BARON the #1 Behavioral Dog Trainer in the United States can train your dog and get it under control no matter how dominant, stubborn or aggressive.

 

 

PLEASE, DO NOT KILL YOUR DOG! 

DAVID BARON can show you how you can keep your dog alive and get it under control.

David Baron the dog trainer

DAVID BARON’S SUPERDOG
America’s #1 Dog Trainer

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A MORAL IMPERATIVE.  You don’t kill “your best friend” when the dog can be trained.  

Doing the right thing is a reward in itself. Sometimes doing the right thing is a little scary at first, but people who do the right thing are usually always rewarded with a positive outcome.

KILLING YOUR DOG is a huge mistake you may regret the rest of your life if you have a conscience.

 

Call DAVID BARON when other dog trainers, canine behaviorists and veterinarians say your dog cannot be trained and you should kill it.

Killing anything is wrong and you may be asked to account for putting down a dog that loved you and counted on you, when you can keep your dog alive.

People who do the right thing will always be able to look their children in the eye.

WHAT PROFESSIONAL DOG TRAINING LOOKS LIKE

99% OF DOG TRAINING DOESN’T WORK

Everyone has a camera on their cellphone. Either a dog trainer has 1000′s of photos and videos to substantiate the dog training actually works, or they do not.  

There is no in-between.  The dog training works or it doesn’t.

If 99% of dog training did work all the other dog trainers would have 100′s of dogs off-leash obedient they trained to show you too.

There are no other dog trainers we can find in North America with as much to show dog owners thinking of hiring a dog trainer. 

We don’t have anything bad to say about anyone.

Ask other dog trainers why DAVID BARON is the only dog trainer in North America with 1000′s of photos and videos of dogs BIG and small off-leash.

DAVID BARON is the only dog trainer in North America with 1000′s of photos of dogs BIG and small off-leash.

Why not hire an awesome dog trainer the first time?

No other dog trainers have are as successful with small dogs and toy breeds.

Again, we do not have anything bad to say about anyone.

THESE ARE TYPICAL RESULTS CLIENTS CAN EXPECT

We are just wondering why DAVID BARON is the only dog trainer in North America with 1000′s of photos of 100′s of dogs big and small off-leash.

The point of these photos is to show you DAVID BARON can train dogs and is getting much better results than 99% of other dog trainers.

DAVID BARON can train your dog no matter how bad the do might seem to you.

No one has more experience with aggressive dogs and gets better results training aggressive dogs than DAVID BARON.

A lot of our clients live on ranches and their dogs getting along with farm animals is a concern.  

DAVID BARON can definitely help you with that too and has a lot of direct experience because he lives on a ranch too in Roseville, California.

There is a reason other dog trainers do not have pictures of dogs with farm animals.

The dog training has to work is one reason.

The other reason is “Sit” in the kitchen with treats is a lot easier to accomplish than showing the public Chihuahuas and Siberian Huskies off-leash with horses. 

BEHAVIORAL TRAINERS - SEE FAST RESULTS!!!

RELATIONSHIP-BASED APPROACH

On & OFF-LEASH OBEDIENCE

Flat-rate* means you get as much as you want or need until your dog is trained.

No charge for your 2nd or 3rd dog.

Free lifetime follow-up if you ever have any training questions or concerns.

50+ CLIENT TESTIMONIALS

LESSON PROGRAMS: $350 to $1450*
ADA SERVICE DOG: $495*
BOARD & TRAIN: $70 per day*  *Call for specials & discounts!!!

 

PRIVATE LESSONS work great and are effective 99% of the time.  Sometimes the level of training a dog needs surpasses what the owner is capable of achieving on their own and Board Training is a more appropriate option. 

TRUST and CREDIBILITY are of PARAMOUNT IMPORTANCE. Most of our clients are MD’s, RN’s, teachers, business owners, police, fire and other professionals. Let us know if you need references or have other concerns.  We have an A+ rating with the BBB.

 

California Law Potentially Dangerous Animal

DAVID BARON the DOG TRAINER
America’s #1 Dog Behavioral Trainer

DAVID BARON the DOG TRAINER
America’s #1 Dog Trainer
(916) 773-4017

DAVID BARON the DOG TRAINER lives in Roseville, California on a 13-acre ranch.  He meets clients for private lessons and teaches dog owners how to be successful with their family pets.

California Law Potentially Dangerous Animal