Chino, CA asked in Animal / Dog Law for California

Q: if a person has her pitbul do his business in my planter , can she threaten me by having her dog attack me

....if I went out to tell the dog's owner to get the dog out of my planter

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2 Lawyer Answers
William John Light
William John Light
Answered
  • Animal & Dog Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: The dog owner is stricly liable if the dog bit you. If the dog tripped you or otherwise injured you, the dog owner is liable if he was negligent in the ownership and control of the dog. If the dog owner intentionally injured you with the dog, that would probably be a crime and you should call the police. Intentionally injuring someone is an act that would not be covered by homeowners or renters insurance, so that would negatively affect any potential personal injury claim against the dog owner.

James L. Arrasmith
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Answered
  • Animal & Dog Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, it is illegal for anyone to threaten physical harm or violence against another person. If the dog owner threatens to have her dog attack you, this could be considered a criminal threat, which is a serious matter. The law protects individuals from being subjected to threats or acts of violence.

If you experience such a threat, it is advisable to report the incident to the local police. Documenting the incident, including the time, location, and any witnesses, can be crucial in such situations. It's also important to avoid any confrontation that could escalate the situation.

In addition to reporting the threat, you may also have grounds for a civil action, such as a restraining order, to prevent further threats or harassment. In these cases, the court can order the dog owner to refrain from certain behaviors, including making threats or allowing her dog to enter your property.

It's important to stay safe and handle such situations legally and through the appropriate channels. If you feel your safety is at risk, prioritize contacting law enforcement and consider consulting with an attorney to explore your legal options in response to this threat.

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