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This article is for informational purposes only and does not intend to provide legal advice.
In certain situations when dog aggression leads to a bite injury or fatal mauling, county officials in California may euthanize a dog in order to prevent future violence. Dogs may be put down if they are rabid, if they have caused serious injury, or if they’ve bitten at least two people. They may also be euthanized if they were trained to fight or attack.
Dog bites are, thankfully, a rare occurrence. When they do happen, it can be the result of:
- Dog training problems
- Unbridled aggression
- An illness such as rabies
- A sudden and unexpected conflict.
In some instances, particularly after repeated incidents, a hearing may determine that the offending dog must be put down. It’s important to distinguish between playful teething or nipping and a serious dog bite that warrants medical attention and/or legal follow-up.
Dogs That Are Exempted From Euthanasia
However, in the case that an attack dog does bite a person, authorized “on-duty” dogs, such as those employed by legal authorities or military dogs, are exempt from euthanasia orders. Attack dogs are also exempt if the person they bit was trespassing on private property.
There is also another exemption in dog bite cases for situations in which it can be demonstrated that the dog’s owner clearly warned the victim not to approach the dog and the warning went unheeded. Dogs can only be euthanized for biting people, not other dogs.
What to Do if You’ve Been Bitten
You should always contact a qualified attorney if you have suffered a serious injury as a result of a dog bite because it is likely that you can receive compensation in court as well as coverage for your medical bills. You can visit the Pintas website to learn more about the lawsuit process.
Remember, if you are bitten by a dog, the owner is always liable. The dog’s owner is required to provide a bite victim with their name and contact information, as well as the dog’s vaccination record, within two days of the incident.
As for what will happen to the dog, there’s some more information you should also know about the laws in California when making a decision about what to do next.
About Rabies and Dog Bites
If you have been bitten by a dog, you need to consider the possibility that it has rabies. In the event that you have sustained a bite that has broken the skin and caused bleeding, immediately wash and treat the wound. If you have any reason to suspect the dog is rabid, seek medical attention immediately.
Rabies is a very serious viral illness that will prove fatal if not treated right away. According to section 121705 of the California Code of Regulations Laws and Regulations, anyone who knowingly conceals the fact that their dog has rabies after biting someone is liable to misdemeanor charges.
If the police or animal control suspect that the dog in question is afflicted with rabies, it will have to undergo a mandatory 10 day quarantine period in a veterinarian office or kennel. A veterinarian’s determination that the dog is rabid will always lead to euthanasia.
What You Can Expect at a Euthanasia Hearing
If someone files a petition to have your dog declared dangerous, the next step will be a euthanasia hearing. Like people, dogs have a right to due process in a court of law. This hearing will give you a chance to speak up about any circumstances the court may not be aware of, such as if your dog was provoked.
In the event that a non-rabid dog has bitten somebody and the authorities become involved, a hearing will be required before the dog can be euthanized. This hearing will take place in the county where the dog bite occurred.
Decisions can always be appealed in California. However, in some areas, including Los Angeles County, the appeal must be made within 15 days.
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