OWNER’S RESPONSIBILITIES AFTER A DOG BITE

PENAL CODE § 398

Penal Code § 398 makes it a crime for a person to fail to take certain precautions after his or her dog bites another person.

Under Penal Code § 398, a person owning or having custody or control of an animal knows, or has reason to know, that the animal bit another person, he or she shall, as soon as is practicable, but no later than 48 hours thereafter, must do the following:

  • Provide the other person with his or her name, address, telephone number, and the name and license tag number of the animal who bit the other person
  • If the animal is required by law to be vaccinated against rabies, the person owning or having custody or control of the animal shall, within 48 hours of the bite, provide the other person with information regarding the status of the animal’s vaccination

Penal Code § 398 only applies if the skin of the person who was bit broke or was punctured by the animal

 

 

POTENTIAL PUNISHMENTS FOR PENAL CODE § 398

Violation of this section is an infraction punishable by a fine of not more than $100

DEFENSES TO
PENAL CODE § 398

  • You did not know the dog bit someone
  • You are not the dog’s owner or caretaker
  • The bite resulted in a superficial injury (the bite did not puncture the person’s skin)

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