Unleashed Dog Attacks and Kills Another Dog and Bites a Person – Leash Laws
On December 6, 2022, Alameda County, Fremont, CA, police officers received a distress call at around 12:36 PM, reporting an unleased dog attacking a citizen and four other dogs. Let’s explore the details of the news with Ehline Law and our dog attack personal injury attorneys.
Dog Without Leash Attacks Another Dog and Dog’s Owner, Causing Injuries and Death
The incident occurred between Central Park Dog Park and the Tri-City Animal Shelter, where a loose dog attacked four other dogs and their owner in Fremont. When the law enforcement officers arrived, they quickly controlled the vicious dog and took it to an animal shelter.
Emergency responders treated the dog owner for minor injuries, but one of his dogs suffered serious injuries. Later that day, his dog succumbed to the wounds and died. Under California law, the dog owner would be entitled to reimbursement of vet bills and the value of the dog, if any.
Civil law, including small claims court, treats this as someone damaging personal property, as that is what a dog is under the law. But that’s it. Criminal law could handle the case as one of animal cruelty, but it is rare unless a human also suffers a serious injury or death. Currently, the Fremont Police Department and Animal Control are investigating the incident.
Fremont California Leash Laws and Dog Bites
The Fremont Municipal Code section 12.20.100 (dogs in parks and recreation areas) requires dog owners to control their pets and ensure direct supervision. When owners take their own dog, considered personal property under the law, on public streets, public properties, public events, and other public places, they must ensure a leash no longer than six feet.
Who Is Responsible for the Fremont Unleashed Attacking Dog Incident?
You are not safe as an owner from liability, even if an unlawful attack takes place in your own driveway or fenced-in backyard. When an unleashed, lunging dog attacks and kills another dog and bites a person without legal justification, the dog owner is responsible for the damages under Fremont Municipal Code section 12.20.100. The incident where the unleashed dog bites the other dog owner and kills their dog happened on public property.
According to witnesses, the dog owner did not put their dangerous dog on the leash, and their dog bit the other dog’s owner and their pet. Although the other dog’s owner suffered minor injuries, sadly, their pet did not survive the onslaught’s wake of damage. Worse, for this anomaly cruelty, you have to rely on the DA to seek criminal charges, even when the at-fault dog owner had a dangerous breed of dog. Lawsuits don’t yield much financially in most dog v. dog attacks.
Dog Owner May Be Responsible for Damages from Their Dog
Under the Fremont leash laws, the owner of the dangerous dog is responsible for the dog bite sustained by the person. They are also responsible for the death of the other dog. Since dog bites fall under strict liability, the injured person does not need to establish that the dog was dangerous and had aggressive incidents in the past.
What Damages Can the Fremont Victim Recover?
Most dog owners protect their pets from a dog attack, and in self-defense, they suffer injuries. Fortunately, you don’t have to worry about paying for the medical treatment, as the other dog owner may be responsible for the damages. The same is the case with the dog owner in Fremont. However, the dog owner in the Fremont injury lost their pet after it suffered severe injuries in the dog fight.
Dog Owners Are Liable May Be Liable for Medical Bills and Veterinary Care in California
The negligent dog owner is responsible for the damages caused by their pet, especially if their dog was not on the leash.
There are two outcomes of dog fights:
- The dogs suffer injuries
- One or both dogs die (one or the other must be euthanized, etc.), especially when leashed and wearing a muzzle, while the other is free to stand, lunge, and show its teeth.
Since the injured dog later died, the negligent dog owner or their insurance may be liable for paying the original amount the deceased dog’s owner paid for their dog. If the victim paid veterinary bills after their dog suffered injuries, they might also be able to recover those if properly sued in a legal manner.
Schedule a Free Consultation with Ehline Law Fremont Dog Bite Lawyers
Do you have a dog bite wound suffered while out walking, minding your own business? Shopping for a cheap lawyer and thinking you have a slam dunk case? Think again. You need the best lawyers to seek compensation directly, and we can force the at-fault parties in your neighborhood to pay up.
We can work closely with the dog bite victim and their family as their go-to, charismatic—caring lawyer in Alameda County, CA. We could negotiate your claim with the insurance company and take it to court and full-blown trial in pursuit of MAXIMUM financial compensation (money) on behalf of you and your family members if an attack occurred.
Please speak to our best attorneys in Fremont, CA, about forming an attorney-client relationship before engaging in the settlement negotiations process. If you or your pet suffered injuries due to another dog owner’s negligence, contact us at (833) LETS-SUE for a free consultation, as you may be eligible for legally covered damages in your jurisdiction.
