Q: In regards to dog ownership, what constitutes a “dog bite”? Does the skin have to be broken?
Can your dog be taken from you or euthanized for nipping at someone? No skin broken.
A:
"The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness." Civil Code 3342. And "Whenever a dog has bitten a human being on at least two separate occasions, any person, the district attorney, or city attorney may bring an action against the owner of the animal to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the bites have been changed so as to remove the danger to other persons presented by the animal. This action shall be brought in the county where a bite occurred. The court, after hearing, may make any order it deems appropriate to prevent the recurrence of such an incident, including, but not limited to, the removal of the animal from the area or its destruction if necessary."Civil Code 3343 A bite is a bite, it is not necessary for the bite to inflict grievous bodily harem or disfigurement to the victim. A "nip" to a toddler could inflict a permanent scar or other damage. So, YES, if your dog is a repeat "nipper" it can be taken and killed.
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