Dog leash laws exist to protect the public and ensure responsible pet ownership. For people injured by a dog bite, these laws play a critical role in determining liability and pursuing compensation.
This blog will cover California’s dog leash laws, key differences between Los Angeles and Orange Counties, how leash laws affect liability on public vs. private property, and what to do after a dog bite injury.
Dog Leashing is Largely a Municipal Matter
It is important to clarify that California does not have a statewide leash mandate for dogs. In other words, there is no state law that requires dog owners to leash their animals when in a public place. However, that certainly does not mean that dogs can run free in California. Most households in the state live in an area with a local leash law.
Dog leashing laws are a municipal issue in California—meaning the relevant leash law comes from your city government and/or county government. These local regulations play a key role in ensuring community safety and determining liability in dog bite cases.
Municipal Variations in Leash Laws
While county regulations provide a baseline, individual cities often have their own specific requirements.
For example:
- San Francisco: requires all dogs to be on leash unless in designated off-leash areas, with violations resulting in fines up to $500.
- Santa Monica: prohibits dogs from running at large on public property or private property without the owner’s consent. When on public property, leashes shall not exceed 6 feet.
- Sacramento: allows dogs off-leash only in designated dog parks and requires all dogs to be licensed, with proof of rabies vaccination.
These variations underscore the importance for dog owners to familiarize themselves with their specific city’s regulations. Violations of municipal codes can be used as evidence of negligence in dog bite cases, even though liability exists under state law.
California’s Strict Liability for Dog Bites
While leash laws vary by municipality, California’s approach to dog bite liability is consistent statewide under Civil Code Section 3342. California is a “strict liability” state, meaning dog owners are responsible for bite injuries regardless of whether they followed leash laws or if their dog had never shown aggressive behavior before.
Key aspects of California’s dog bite law include:
Understanding Strict Liability
- Dog owners are liable for damages even if they had no prior knowledge of their dog’s aggressive tendencies
- The law applies to bites only, not other injuries (like being knocked down by a dog)
- The victim must be in a public place or lawfully in a private place when bitten
- The statute of limitations for filing a dog bite claim is two years from the date of injury
Important Case Law
In Uccello v. Laudenslayer (1975) 44 Cal.App.3d 504, the California Court of Appeal established that a landlord can be held liable for injuries caused by a tenant’s dog if the landlord had actual knowledge of the dog’s dangerous propensities and had the ability to remove the animal from the premises.
Similarly, in Donchin v. Guerrero (1995) 34 Cal.App.4th 1832, the court held that a landlord could be liable for off-site injuries caused by a tenant’s dog if the landlord knew of the dog’s dangerous nature and failed to maintain the property (e.g., by not repairing fences), allowing the dog to escape and cause harm.
Regarding strict liability for dog bites, California Civil Code § 3342 imposes strict liability on dog owners for bites occurring in public places or when the victim is lawfully on private property, regardless of the dog’s previous behavior or the owner’s knowledge of its viciousness. This strict liability applies to the dog owner, even if the dog is under the supervision of someone else, such as a professional dog walker or family member, at the time of the incident.
Therefore, under California law, dog owners are strictly liable for bites regardless of who is supervising the dog, and landlords can be held liable for dog bites if they have actual knowledge of the dog’s dangerous nature and the ability to prevent the injury.
Damages in Dog Bite Cases
California law allows dog bite victims to recover both economic and non-economic damages, including:
- Medical expenses (current and future)
- Lost wages and earning capacity
- Pain and suffering
- Emotional distress
- Scarring and disfigurement
Unlike some states, California does not cap damages in dog bite cases, allowing victims to recover the full extent of their losses.
Strict Liability Exceptions
The strict liability statute does not apply to:
- Police or military dogs performing official duties
- Cases where the victim was trespassing
- Professional dog handlers during the course of their work
- Cases involving provocation of the dog
Los Angeles vs. Orange County Leash Laws
California’s different dog leash laws can vary slightly depending on where you live. Here’s a look at the key differences between Los Angeles and Orange Counties:
Los Angeles County
Under Los Angeles County Code Chapter 10.32, dog owners must follow specific leash requirements:
- Dogs must be leashed when off the owner’s property such as in public spaces, like streets, parks, and sidewalks.
- Leash laws also apply to private property not owned by the dog’s handler (e.g., someone else’s yard).
- The leash must be six feet or shorter a
- The person controlling the leash must be physically capable of controlling the dog
- Dogs must be leashed even in unfenced portions of private property accessible to the public
- Violations can result in fines starting at $100 for first offenses
- Exceptions exist only for designated off-leash dog parks and private, fully enclosed areas
Individual cities like Santa Monica, Pasadena, and Long Beach have their own additional regulations. Some cities require specific leash materials (chain, leather, or nylon) and certain areas, such as beaches, have time-specific restrictions for dog access.
Orange County
Orange County’s leash laws, governed by Orange County Code of Ordinances Sec. 4-1-45, specify:
- Dogs must be on a leash on all public property, except in designated dog parks.
- A competent adult must hold the leash
- Only persons aged 18 or older may handle dogs in public spaces
- Leashes can be no longer than six feet.
- Owners can take their dogs off-leash in specific areas, such as fenced dog parks.
Variations within Orange County:
- Cities like Newport Beach have specific beach hours for dog access.
- Irvine requires additional licensing for dog park access.
- Some cities mandate retractable leashes be locked at 6 feet or less in congested areas.
- Huntington Beach allows dogs on beaches during specific hours but requires longer leashes (up to 8 feet).
Regional Enforcement Differences
While both counties have similar basic requirements, enforcement approaches differ. Los Angeles County typically enforces through animal control officers, while Orange County often relies on local police departments in addition to animal control. Both counties require immediate reporting of any dog bites to local health authorities. Orange County generally takes a more educational approach for first-time violations.
How Leash Laws Affect Dog Bite Accidents
California’s dog leash laws are essential for preventing dog-related incidents, including bites. These laws set clear rules for controlling pets in public and private spaces, helping to minimize risks. Violating these laws can result in dangerous situations where owners may be held liable for injuries.
Here’s how leash law violations impact liability:
Example: If a dog is off-leash in a public park and bites someone, the owner can be held responsible for not controlling their pet.
Negligence: Violating leash laws may show that the dog owner acted irresponsibly, making it easier to hold them accountable for injuries.
By working with a personal injury attorney, you can identify leash law violations that strengthen your case. Need help navigating a dog bite claim? Contact El Dabe Ritter today for a free consultation!
Penalties for Violating Leash Laws
Dog leash laws are in place for a reason—safety. When owners disregard these regulations, they may face hefty penalties that can impact their financial stability and legal standing. For dog bite victims, these violations often become key factors in pursuing justice. Possible penalties for violating leash laws are:
Civil Penalties
Dog owners face potential civil liability through several avenues:
- Compensatory Damages: Owners may be required to pay for medical expenses, lost wages, and emotional suffering.
- Insurance Impact: Dog bite claims often lead to increased premiums or possible policy cancellation
- Civil Fines: Leash law violations can result in municipal citations ranging from $100-$1,000 depending on jurisdiction and repeat offenses
Criminal Penalties
More serious cases may result in criminal charges:
- Misdemeanor Charges: Under California Penal Code Section 399.5, if an owner knows their dog is aggressive and fails to take reasonable precautions, they can face jail, fines up to $1,000, and probation.
- Felony Charges: If a dog causes serious injury or death due to the owner’s gross negligence they can face up to 3 years in state prison, fines up to $10,000, felony probation, and a permanent criminal record.
Other consequences dog owners may face could include: mandatory behavior training, property modifications (stronger fencing, warning signs), dog license revocation, court-ordered removal of the dog, and restrictions on future pet ownership
Public vs. Private Property and Liability
Understanding how California’s leash laws apply to public and private property can help clarify liability in dog bite accidents. Whether the injury happens in a park, on a street, or in someone’s yard, leash laws determine who is at fault and under what circumstances. Here’s a closer look at these scenarios:
Public Property
- Leash laws are strictly enforced in parks, streets, sidewalks, and other public spaces.
- Owners are responsible for controlling their dogs. If their failure results in a dog bite, they can be held liable.
Private Property
- In Los Angeles County, leash laws apply on private property the owner does not own or control.
- Example: A dog escapes its yard and enters a neighbor’s property, where it bites someone. The owner may be held responsible.
Trespassing: If the injured person was unlawfully on private property, this could affect liability.
What to Do After a Dog Bite Accident
If you are bitten by a dog, here’s what to do to protect your health and your legal rights:
- Get Medical Attention:
- Clean the wound and seek medical care immediately to prevent infection.
- A medical report can also be valuable evidence.
- Report the Incident:
- Notify local animal control or law enforcement to document the bite and check if the dog is up-to-date on vaccinations.
- Collect Evidence:
- Take photos of your injuries and the location where the incident occurred.
- Get contact information from witnesses and the dog’s owner.
- Contact a Dog Bite Attorney:
- An attorney can help you understand your options and seek compensation for medical bills, pain and suffering, lost wages, and more.
How a Dog Bite Lawyer Can Fight for Your Rights
Every day you wait after a dog bite incident can impact your ability to recover fair compensation. Evidence becomes harder to gather, witnesses’ memories fade, and California’s two-year statute of limitations continues to run.
A skilled dog bite attorney can help you navigate the legal process after a dog bite accident. Here’s how:
- Investigation & Evidence: An attorney will investigate the incident and collect crucial evidence, like medical records and witness statements.
- Determining Liability: They’ll identify who is at fault, such as the dog owner for violating leash laws.
- Insurance Negotiations: An attorney can handle negotiations with insurance companies to ensure fair compensation for medical bills, pain and suffering, and more.
- Legal Representation: If needed, your attorney will represent you in court to fight for the compensation you deserve.
Need Help With Your Dog Bite Accident Claim?
If you’ve been injured in a dog bite incident, don’t face the legal process alone. Our experienced team of dog bite attorneys are here to help you navigate the complexities of your case and fight for the compensation you deserve.
At El Dabe Ritter Trial Lawyers, we understand the physical, emotional, and financial impact of dog bite injuries. Contact us today for a confidential consultation to review the details of your case, understand your legal options, and get answers to your questions.
There’s no obligation, and we only get paid if we win your case. Call (213) 985-1120 or fill out our contact form below to get started.
Disclaimer: The information provided in this blog post is not intended as legal advice and should not be relied upon as such. You should consult with an experienced attorney for advice on your specific situation.
