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Quick Answer
Filing a civil personal injury claim for a dog bite in California does not automatically result in the dog being euthanized. A civil lawsuit seeks monetary compensation for your injuries from the dog owner. Decisions about whether a dog is declared dangerous and subject to special restrictions or euthanasia are made by animal control agencies and courts in separate administrative or criminal proceedings, not in your civil case. Many dog bite victims do not want the dog to be euthanized, and pursuing compensation for their injuries does not require that outcome. Attorney Damoun Yazdi at Accident Network Law Group handles dog bite claims with sensitivity to clients’ concerns about the dog.
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Key Takeaways
- Filing a civil dog bite claim for compensation does not automatically cause a dog to be euthanized
- Euthanasia decisions are made by animal control and courts in separate administrative proceedings
- California Food and Agricultural Code Section 31603 defines when a dog may be declared potentially dangerous or vicious
- A dog may be euthanized if declared vicious after a serious bite, but this is separate from your civil claim
- You can report the bite, receive compensation, and have no involvement in any administrative decision about the dog
Civil Claims vs. Administrative Proceedings
When you file a personal injury claim against the dog’s owner, your goal is financial compensation for your medical bills, lost wages, pain and suffering, and other damages. This civil proceeding does not determine what happens to the dog. The civil court awards money, not orders regarding the animal’s fate.
Separately from your civil claim, the local animal control agency may investigate the bite and initiate administrative proceedings under California Food and Agricultural Code Sections 31601-31683, which govern potentially dangerous and vicious dogs.
California’s Dangerous Dog Law
California Food and Agricultural Code Section 31603 defines a “potentially dangerous dog” as one that has bitten a person without provocation and caused a less-than-severe injury on two separate occasions, or has killed or seriously injured a domestic animal on two separate occasions. A dog may be declared “vicious” under Section 31604 if it has been declared potentially dangerous and the owner has failed to keep it under control, or if the dog has severely injured or killed a person without provocation.
A dog declared “vicious” may be subject to euthanasia under Section 31645 if the court finds the dog cannot be kept without posing a threat to public safety. However, this is a separate administrative or criminal proceeding initiated by the government, not by you, and your filing of a civil claim is not what triggers it.
What Actually Determines Whether a Dog Faces Euthanasia
The animal control agency’s investigation is what drives any administrative action. If the agency finds the bite was severe enough to constitute a serious injury, or if the dog has a history of prior bites, the agency may initiate proceedings to have the dog declared dangerous or vicious. The bite victim’s civil claim is separate and does not control this process.
In practice, the vast majority of dog bite civil claims do not result in the dog being euthanized. First-time bites of moderate severity typically result in the dog being placed under observation, the owner being warned, and possibly being required to take out additional liability insurance or keep the dog confined. Euthanasia is reserved for the most severe cases involving life-threatening attacks or dogs with extensive bite histories.
Reporting the Bite to Animal Control
Reporting the bite to local animal control is separate from filing a civil claim. Reporting creates a record and may initiate an administrative investigation. It does not itself cause euthanasia. You can choose whether to report and whether to pursue a civil claim independently. Many victims report bites to protect the community and pursue civil claims to recover compensation for their injuries, with no expectation or desire for the dog to be euthanized.
California Laws Relevant to Dog Bite Civil Claims
California Civil Code Section 3342 (strict liability for dog bites), California Food and Agricultural Code Sections 31601-31683 (dangerous dog administrative proceedings), California Code of Civil Procedure Section 335.1 (two-year statute of limitations), California follows pure comparative negligence (Li v. Yellow Cab Co., 1975).
Contact a California Dog Bite Attorney
If you have concerns about what your dog bite claim might mean for the dog, Attorney Damoun Yazdi at Accident Network Law Group will explain your options clearly. Filing for compensation is separate from any administrative action about the dog. Free consultations, contingency basis. Our team serves Riverside, Costa Mesa, Rancho Cucamonga, Apple Valley, Victorville, and throughout Southern California. Se habla espanol.
