Dog Bites Leash Laws Vicious Dogs: Negligence Per Se Claims

Dog Leash Laws

Written By Bruce Thabit

Bruce Thabit is the owner of and has counseled numerous dog bite victims and their families. A recognized authority on dog bite law. A skilled, knowledgeable, experienced civil litigator since 1988. Call toll free number for free consult: Telephone: 1-844-444-0449.

Date September 21, 2016

Dog Bites Leash Laws Vicious Dogs

Vicious dogs cause dog bites when their owners violate leash laws. California Evidence Code section 669 is used to plead a theory of recovery for money damages in a complaint for negligence per se claims:

For dog bites where leash laws are violated whether the dog is vicious, dangerous or the dog owners believes otherwise, California Evidence Code section 669 states:

Failure to exercise due care

(a)  The failure of a person to exercise due care is presumed if:

(1)  He violated a statute, ordinance, or regulation of a public entity;

(2)  The violation proximately caused death or injury to person or property;

(3)  The death or injury resulted from an occurrence of the nature which the statute, ordinance, or regulation was designed to prevent; and

(4)  The person suffering the death or the injury to his person or property was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted.

(b)  This presumption may be rebutted by proof that:

(1)  The person violating the statute, ordinance, or regulation did what might reasonably be expected of a person of ordinary prudence, acting under similar circumstances, who desired to comply with the law; or

(2)  The person violating the statute, ordinance, or regulation was a child and exercised the degree of care ordinarily exercised by persons of his maturity, intelligence, and capacity under similar circumstances, but the presumption may not be rebutted by such proof if the violation occurred in the course of an activity normally engaged in only by adults and requiring adult qualifications.

Leash Laws Passed to Prevent Dog Bites by Vicious Dogs

Any conduct that falls below the duty of care as established under the California Evidence Code 669 is as negligence as a matter of law and the burden of proof shifts to the dog owner to prove beyond a preponderance of evidence that the dog owner is not negligence. It is very rare for such a dog owner to present any evidence to rebut the presumption of negligence.

You May Also Like


Submit a Comment

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.