California Civil Code § 3342 Provides:
Liability of owner of dog for damages suffered by dog bite; Bites by dogs in
military or police work
(a) The owner of any dog is liable for the damages suffered by any person who
is bitten by the dog while in a public place or lawfully in a private place, including the
property of the owner of the dog, regardless of the former viciousness of the dog or the
owner's knowledge of such viciousness. A person is lawfully upon the private property of
such owner within the meaning of this section when he is on such property in the
performance of any duty imposed upon him by the laws of this state or by the laws or
postal regulations of the United States, or when he is on such property upon the
invitation, express or implied, of the owner.
(b) Nothing in this section shall authorize the bringing of an action
pursuant to subdivision (a) against any governmental agency using a dog in military or
police work if the bite or bites occurred while the dog was defending itself from an
annoying, harassing, or provoking act, or assisting an employee of the agency in any of
the following:
(1) In the apprehension or holding of a suspect where the employee has a
reasonable suspicion of the suspect's involvement in criminal activity.
(2) In the investigation of a crime or possible crime.
(3) In the execution of a warrant.
(4) In the defense of a peace officer or another person.
(c) Subdivision (b) shall not apply in any case where the victim of the bite
or bites was not a party to, nor a participant in, nor suspected to be a party to or a
participant in, the act or acts that prompted the use of the dog in the military or police
work.
(d) Subdivision (b) shall apply only where a governmental agency using a dog
in military or police work has adopted a written policy on the necessary and appropriate
use of a dog for the police or military work enumerated in subdivision (b). 1953 ch. 37,
1988 ch.298.
California Civil Code Section 3342.5 provides:
Duty
to remove danger presented from dog bites; Enforcement
(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.
(Cal Civ Code § 3342.5
(2003))
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