Setareh Law
August 29, 2025
In California, dog bites and attacks are not uncommon, and in some cases, they involve animals that the law classifies as a “dangerous dog” or “vicious dog.” Understanding the legal definition of a dangerous dog is essential for anyone involved in a dog-related incident, whether as an owner, a victim, or a concerned neighbor. Under California law, specifically the California Food and Agriculture Code, a dog can be labeled as “dangerous” or “vicious” based on certain behaviors and incidents, including causing severe injuries, serious bodily injury, or bodily injury as defined under California law. These classifications carry legal consequences for the dog’s owner. According to the Penal Code, if a dangerous animal inflicts serious bodily injury, the dog’s owner may face significant criminal penalties, including felony charges. A dangerous dog designation can lead to restrictions, mandatory safety measures, or even euthanasia of the animal.
If you or someone you know has been involved in a dog attack or related incident, understanding your rights and the obligations of a dog’s owner is crucial, especially when their animal is classified as a dangerous animal. At Setareh Law, we have extensive experience helping individuals navigate California’s laws regarding dangerous dogs. Our dedicated team may be able to assist you in holding negligent dog owners accountable and securing the compensation you deserve.
What Is a ‘Dangerous Dog’ or ‘Potentially Dangerous Dog’ Under California Law?
A dog may be classified as “dangerous” in California under the dangerous dog law if it has engaged in certain types of aggressive behavior within a specific timeframe. For example, a dog that has attacked or bitten a person or another domestic animal on at least two separate occasions within a three-year period, or a dog previously determined to be dangerous or potentially dangerous, can be deemed dangerous.
The law considers the number of times bites occurred or bites inflicted, and specifies that a bite occurred on separate occasions. Additionally, if a dog behaves aggressively without provocation and causes injury—such as inflicting severe injury, causing injury, attacking, inflicted injury, muscle tears, physical injury, substantial physical injury, less severe injury, or injuries requiring corrective or cosmetic surgery—even if it’s the first incident, the law may still consider it dangerous. Dogs trained to fight, attack, or kill, or a dog trained for such purposes, face legal consequences for such training.
Behaviors that demonstrate a dangerous nature, danger presented, significant threat, or that the dog is a dangerous animal are all considered in the assessment. The circumstances existing at the time of the incident, such as the dog’s confinement or treatment, also affect the determination.
Local authorities, including the animal control department, have the power to declare a dog dangerous if they determine the animal poses a risk to public safety. The investigation into the dog’s behavior typically involves reviewing incident reports, speaking to witnesses, assessing any prior complaints, and may involve a peace officer. Once a dog is legally designated as dangerous, the owner or keeper is subject to strict conditions aimed at preventing future incidents.
These conditions often include additional safety measures like secure enclosures, leash requirements of appropriate length, mandatory muzzling when in public, and ensuring a responsible adult is present when the dog is off the owner’s property.
Dog control measures required by law must be followed, and certain requirements apply to such property where the dog is kept. The dog may also be added to a dangerous dogs list. Owners must exercise ordinary care and act as a reasonable person would, taking such reasonable steps and all the precautions to prevent bodily injury. The owner may be prohibited from owning, possessing, or controlling a dog for up to three years.
It is important to note that the legal process of designating a dog as dangerous may involve a hearing. During this hearing, persons presented may include witnesses, the owner or keeper, such owner, and representatives from the animal control department. The owner or keeper and such owner have the right to present evidence. The court may consider other circumstances, including the circumstances existing at the time of the incident, and may issue orders to prevent recurrence of such an incident.
Liability can be imposed regardless of such viciousness or the owner’s knowledge. The district attorney and city attorney may bring cases related to dangerous or vicious dogs. There are exceptions for dogs used in military or police work, provided their use is in accordance with necessary and appropriate use policies.
Breed-specific issues, such as those involving a pit bull, may also be considered. Legal consequences can include classification as a dog vicious or a potentially dangerous dog, and may involve penalties for owning a mischievous animal or a mischievous animal causing death.
The difference between a vicious dog and a potentially dangerous dog is that a vicious dog is typically one that inflicts severe injury or causes death, while a potentially dangerous dog may have demonstrated aggressive behavior or caused less severe injury without necessarily causing substantial physical injury.
Legal Consequences and Responsibilities for Owners
Once a dog is classified as dangerous, the owner or keeper is legally obligated to adhere to specific rules and regulations under the dangerous dog law. In California, these regulations are designed to protect the public and prevent bodily injury, including severe injuries, serious bodily injury, bodily injury, substantial physical injury, and causing substantial physical injury, while allowing the dog to remain with its owner under strict conditions.
For instance, the owner must securely confine the dog on the owner’s property, post warning signs on such property, maintain liability insurance, or install secure fencing to prevent the dog from escaping. Dog control measures, as required by the dangerous dog law, must also be implemented to ensure public safety and prevent further incidents. These regulations may also address the need for corrective or cosmetic surgery for victims who have suffered an inflicted injury.
Failure to comply with these regulations can lead to serious consequences, including fines, significant criminal penalties, or even the mandatory removal of the dog, as pursued by the district attorney or city attorney against the dog’s owner or owner or keeper. In severe cases, such as when a dangerous animal or dog vicious continues to pose a threat despite these measures, authorities may order the dog’s euthanasia. T
The owner may also be prohibited from owning, possessing, or controlling a dog for up to three years. If a dog previously determined to be dangerous or a dog vicious is involved in repeat offenses, stricter penalties may apply, and the dog may be added to a dangerous dogs list.
Owners also risk civil liability if their dangerous dog causes injury after being classified as such, and this liability can be imposed regardless of the owner’s knowledge or whether such owner took all the precautions or such reasonable steps to prevent harm. Owners must exercise ordinary care and act as a reasonable person would in controlling their dog. This liability can result in substantial financial compensation owed to the victim for medical bills, pain and suffering, corrective or cosmetic surgery, and other damages.
In some situations, owners may choose or be forced to surrender their dog if they cannot meet the legal requirements. When surrender occurs, the dog may be placed in a rescue program, a shelter, or put down if no other options are viable. The overarching goal of these laws is to balance public safety with the rights of dog owners, but they do so with a clear priority on preventing further harm.
Prevention and Safety Measures for Dog Owners and the Public
Preventing dog bites and promoting public safety is a shared responsibility that involves both dog owners and the wider community. In California, understanding the requirements for controlling potentially dangerous dogs and vicious dogs is essential for minimizing the risk of dog bites and complying with state and local regulations.
For dog owners, taking proactive steps is crucial. Proper training and socialization can help prevent aggressive behavior in potentially dangerous dogs, while secure enclosures—such as fenced yards—ensure that dogs cannot escape and pose a threat to others. When out in public, using a substantial leash and maintaining control of your dog at all times is not just good practice, but often a legal requirement under California law. Spaying or neutering your dog can also reduce the likelihood of aggressive tendencies and prevent unwanted litters. Regular veterinary care is another important measure, as it can help identify health issues that might contribute to aggression or unpredictable behavior.
The public also plays a vital role in preventing dog bites. Being aware of your surroundings, especially in areas where dogs are present, can help you avoid potentially dangerous situations. It’s important not to approach strange dogs, particularly if you are unfamiliar with their behavior or if they are displaying signs of aggression.
Children should never be left unattended around dogs, as they may not recognize warning signs or know how to interact safely. If you encounter a dog acting in an aggressive manner, reporting it to animal control or local authorities can help prevent future incidents and ensure that potentially dangerous dogs are properly managed.
When a dog is officially designated as potentially dangerous or vicious, the dog owner may be required to take additional safety measures. These can include registering the dog with local authorities, providing proof of vaccination and licensing, and paying additional fees associated with potentially dangerous dogs. Owners may also be required to keep the dog confined to a secure enclosure or use a muzzle when walking the dog in public to prevent any risk of attack.
By understanding and following these prevention and safety measures, both dog owners and the public can work together to reduce the risk of dog bites and ensure a safer community.
If a dog bite does occur, it is essential to seek immediate medical attention and consult with a California dog bite attorney to understand your rights and legal options under California law. Taking these steps not only helps protect individuals from harm but also supports responsible dog ownership and compliance with dangerous dog laws.
Exceptions and Defenses in Dangerous Dog Cases
Not all dog-related incidents result in a dangerous dog classification. California law recognizes certain defenses and exceptions when determining if a dog should be labeled as a dangerous animal under the dangerous dog law. For example, incidents involving dogs used in military or police work may be exempt if the necessary and appropriate use policy is followed and a peace officer is involved.
If a dog attacked someone while protecting its owner during a crime or if it was provoked by the person it bit, or if the victim took defensive action, the dangerous dog designation may not apply. The court may also consider other circumstances and the circumstances existing at the time of the incident, including the location on such property, during any legal proceedings or hearings related to the case.
Additionally, some jurisdictions in California provide more detailed definitions of a dangerous dog, which may include considering the breed or size of the animal in their decision-making process. However, California state law generally prohibits breed-specific legislation, meaning a dog’s behavior, rather than its breed, is the determining factor in these cases. Even so, local laws can vary, so it is important to understand the specific ordinances in your area.
An owner or keeper or such owner may also present evidence to show that their pet is not dangerous or that they have taken corrective measures to address the behavior, such as training or containment improvements. Owners must exercise ordinary care and act as a reasonable person would, and take all the precautions or such reasonable steps as may be considered by the court. Liability may apply regardless of the owner’s knowledge or if the dog was previously determined to be a dangerous animal under the dangerous dog law. These defenses can be critical in reducing the penalties or avoiding the dangerous dog designation altogether.
How Can Setareh Law Help if You Are Involved in a Dangerous Dog Case?
If you are dealing with a dangerous dog designation or have been a victim of a dog attack, Setareh Law may be able to assist. We understand how stressful these situations can be and are committed to protecting your rights under California law. Our firm has a proven track record of holding negligent dog owners accountable and ensuring our clients receive the compensation they are entitled to for their injuries. You do not have to face this legal process alone.
At Setareh Law, we take pride in offering unparalleled client service, from personalized consultations to aggressive representation in court. We handle cases on a contingency fee basis, meaning you do not pay unless we secure a favorable outcome for you. Contact us today at (310) 659-1826 or through our contact form.
