California Dog Breeder Law and Dog Bites
What to know under California dog breeder law and dog bites. You are a dog breeder or stud out your pet dog you may be liable for money damages even if your dog is in someone’s possession.
For example: You take your male dog to another person’s home who has a female to breed the two dogs. Your dog is in the possession of the other dog owner. Your dog for whatever reason bites the person who is in possession of the other dog and now you may be liable under California dog breeder law for the dog bite. This may be the fact even though you tell the other dog owner your dog may bite them! To avoid liability I suggest you write up a contract and have the other dog owner waive any right to sue you and that they indemnify you for any damages caused by your dog including attorney fees and costs. At a minimum have them waive any injuries they sustain from your dog.
The second scenario is where you stud out your dog and it bites someone else other than the person with who you entered into the contract. In that case the contract should contain a clause that the person who is in possession of your dog shall indemnify you for any such damages, including attorney fees and costs.
Ordinarily if the person who is keeping the dog has a homeowner’s policy the dog bite may be covered under this insurance policy. However, such policies usually contain business exclusions and if the breeder is engaged in a business of breeding dogs for profit the dog bite may not be covered. In these circumstances a careful review of the binder is necessary and analysis of the facts.