AB 413

This bill makes changes to an owner's liability and penalties for damage caused

by a dog and to who may request a court order to kill a dog.

Under current law, a person who owns or keeps a dog is generally liable for the

amount of damages caused by the dog injuring a person, a domestic animal, or

property. Under current law, a person who owns or keeps a dog is generally liable

for two times the amount of damages caused by the dog injuring a person, a domestic

animal, or property if the owner or keeper knew that the dog previously injured a

person, a domestic animal, or property.

The bill changes the current provision under which a dog owner or keeper may

be liable for two times the amount of damages caused by the dog so that it applies

only when a dog bites a person with sufficient force to break the skin and cause

permanent physical scarring or disfigurement, and the owner or keeper knew that

the dog had previously, without provocation, bitten a person with sufficient force to

break the skin and cause permanent physical scarring or disfigurement.

Under current law, a person who owns or keeps a dog is subject to a forfeiture

(a civil monetary penalty) of $50 to $500 if the dog causes injury to a person, domestic

animal, property, deer, game birds, or the nests or eggs of game birds. This bill

increases the maximum forfeiture to $2,500. Under current law, if the owner or

keeper knew that the dog had previously caused injury to a person, domestic animal,

property, deer, game birds, or the nests or eggs of game birds, the forfeiture is $200

to $1,000. This bill increases the maximum forfeiture to $5,000.

Under current law, this state or a municipality may ask a court to order that

a dog be killed. The court may issue the order if the dog caused serious injury to a

person or domestic animal on two separate occasions, off of the owner's or keeper's

property, without reasonable cause, and the owner or keeper knew, before the second

injury, that the dog caused the first injury.

Under this bill, an action asking a court to order that a dog be killed may also

be brought by a person who is injured by the dog, whose minor child was injured by

the dog, or whose domestic animal is injured by the dog.