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California dog laws

Students answer: What steps should dog owners take to ensure safety?

 

According to statistics from the American Veterinary Medical Association (AVMA), over 4.5 million people are bitten by dogs in the U.S. each year, and more than 80,000 of those incidents require medical treatment.

While deaths from dog bites are relatively rare, in 2019, California had the highest number of dog bite fatalities in the U.S., with 9 deaths reported—the highest on record for any state in a single year.

Dog bites are not just dangerous—they’re expensive. In fact, in 2021 alone, homeowner insurance companies reportedly paid out an estimated $882 million for dog bite-related injuries.

California is a strict liability state, which means that a dog owner is liable for any injuries their pet causes, even if their dog wasn’t known to be dangerous and never injured anyone before.

Because of these alarming statistics, we wanted to make dog owner responsibilities the topic of our college essay contest.

Even though we could only choose one winner—Maryrose Nguyen from Austin Community College—we were so impressed with the quality of the essays we received that we wanted to share the runner-ups' responses with you as well.

Here are their answers to the following prompt:

Under California strict liability law, a dog's owner is responsible for attacks, regardless of whether or not they knew the dog was dangerous. What steps can a dog owner take to ensure their dog’s safety and the safety of others?

 

Maryrose Nguyen, a junior at Austin Community College
(scholarship winner)
maryrose nguyenCalifornia law imposes strict liability on dog owners for damages caused by their dogs. This means that a dog owner is liable for attacks even if they did not know the dog was dangerous (Binder and Fissell). There are precautionary steps that dog owners can take to ensure their dog's safety and the safety of others. First, it is important to socialize dogs from an early age. This means exposing them to a variety of people, places, and situations in a positive way. Second, dog owners should never leave their dogs unsupervised with children or strangers. Third, dog owners should always keep their dogs on a leash in public places. Fourth, dog owners should be aware of their dog's body language and be able to read their cues. If a dog owner finds their dog uncomfortable or agitated, remove them from the situation immediately. Finally, pet owners should always consult with a professional trainer if they have any concerns about their dog's behavior. By taking these steps, owners can help to ensure that their dog is safe and that others are protected from harm.Apart from the aforementioned precautionary steps, there are evidence-based training methods especially designed for more aggressive dog breeds. Owners of known aggressive dog breeds must consult certified vets to design a behavioral therapy program and to ensure that their pets will under no condition attack a stranger (Odore et al.). Aggressive dogs often nip at strangers as a way of asserting dominance or feeling threatened. While establishing leadership with a dog from an early age is the best way to prevent this behavior, several training methods can help to desensitize them to strangers and teach them alternate behaviors.One common method is known as behavior therapy, which involves exposing the dog to a variety of people in different situations while rewarding them for remaining calm. This helps them to associate positive experiences with meeting new people. It is pertinent to note at this point that such training programs should be designed and conducted under expert supervision to ensure the safety of the dogs as well as those around them. Another approach is known as desensitization, which involves slowly introducing the dog to new people and environments while remaining calm and relaxed.This helps them to understand that there is nothing to be afraid of. Alternate behaviors can also be taught, such as sitting or lying down when someone approaches, which can help to diffuse any potential tension. With patience and consistency, these methods can be effective in teaching your dog not to nip at strangers.Conclusively, according to Californian law, dog owners are held responsible for the behavior and actions of their dogs under most circumstances, hence dog owners must take precautionary steps to mitigate the risks of their dog's nipping or attacking strangers. While precautionary steps in most cases yield promising results, in certain cases of heightened dog aggression, it is advised for dog owners to switch to a more strictly designed behavior therapy.Works CitedBinder, Guyora, and Brenner Fissell. “Judicial Application of Strict Liability Local Ordinances.” Ariz. St. LJ, vol. 53, 2021, p. 425.

Odore, Rosangela, et al. “Behavioral Therapy and Fluoxetine Treatment in Aggressive Dogs: A Case Study.” Animals, vol. 10, no. 5, 2020, p. 832.

Read more about our scholarship winner here

Haneen Sharawi from Loyola University

Having a pet dog yields two profound sets of transformations: one being the added health benefit of more exercise, lower blood pressure, and overall psychological well- being, and the other being the additional responsibility of caretaking for an animal in need of maintenance and protection. It’s truly remarkable that both parties essentially rely on each other for the same thing; love, care, and protection.

The responsibility of owning and caretaking for a dog and their safety is to train them. This requires complex, macro-and-micro analysis to prioritize and allocate time and resources, yet without compromising the integrity of commitment to fortification and humanization for each animal, as part of the responsibility of the owner is to sustain a healthy and friendly dog overall. During the 1890s, Ivan Pavlov, a well-known physiologist and psychologist, experimented with dogs through a method known as Pavlovian conditioning. His methods consisted of repeated sounds or other stimuli to condition the dog to behave in a certain way. Dog owners should implement behavioral and obedience training early on to prevent any dog bites or other accidents that could cause the owner to be sued or the dog to be put down. Who wants to deal with the Homeowners Association anyways? Or those pesky animal control officers that don’t look deeper beyond the mishap?

A dog that bites isn’t necessarily a vicious dog. It could have underlying pain that’s causing it to be quickly irritable or short-tempered. Dog owners should take their pets to the vet frequently to make sure they’re safe and healthy. Moreover, dog owners should be wary of the way they treat their pets, as over-handling a dog could cause an opposite reaction and make it more prone to acting out later.

These suggestions might not work for every owner or every dog. One can seek a muzzle and train the dog that way. Of course, this should be paired with positive reinforcement to appropriately care for the safety of the dog. Imagine having to answer to an organization even more distressing and bothersome than the Homeowners Association or animal control. If the American Society for the Prevention of Cruelty to Animals (ASPCA) is at your front door, it’s time to face the music and either rehome the dog or look after it extensively by allocating proper funds to obedience lessons and maybe a spa day. At the end of the day, dogs seek love, care, and protection. If their safety is questioned, then are you being the best dog owner you can be?

References

https://www.akc.org/expert-advice/training/dog-muzzles-when-why-how-to-use/

https://www.simplypsychology.org/pavlov.html


Tiffany Chi from Valar Institute

According to the American Veterinary Medical Association (AVMA, 2022) more than 4.5 million people are bitten by dogs each year in the United States, and more than 800,000 individuals receive medical attention for dog bites according to the (CDC, 2022). Children are the most common victims of dog bites while interacting during everyday activities. Hence, it is important to properly socialize and train dogs to prevent serious injuries.

While under California's liability law, concerning owner responsibility should their dog attack, there are several steps an owner can take to ensure the safety of others as well as their pet. A well-trained, socialized dog is one that will not only be obedient to their owner, but also confident and familiar with many social situations. (Patronek GJ, Glickman LT, Beck AM, McCabe GP, Ecker C. Risk factors for relinquishment of dogs to an animal shelter. J Am Vet Med Assoc. 1996 Aug 1;209(3):572-81. PMID: 8755975.) Studies have shown that dogs attack when they are feeling stress, anxiety, or fear within a situation. Dogs attack as a way to protect themselves, as well as protect those who they perceive as family. The best preventative measure is to familiarize your dog with social interactions with other people and dogs. This will effectively reduce any chance of your dog feeling anxiety to the point of lashing out.

Another step you can take is to keep your dog leashed during outings, especially for crowded celebrations such as 4th of July. For those times when your dog is excitable, and reacting instinctively while ignoring your commands, keeping your dog leashed is one of the most basic measures one can take to prevent your dog from attacking.

Another solution is to also have your dog wear a muzzle. A dog that cannot bite is one that cannot attack. (Sara C. Owczarczak-Garstecka Dog bite safety at work: An injury prevention perspective on reported occupational dog bites in the UK, Safety Science, Volume 118, 2019, Pages 595-606.) Spend time bonding and socializing your dog to understand which situations and actions trigger fear and aggression within your dog. Awareness creates prevention.

Pay attention to your dog’s gestures and emotions when they react negatively so you know when to stop the situation before it escalates. When in doubt, keep your dog securely warm and safe at home. Your dog cannot attack if there is no dog, nor thing, to attack.

In summary, socializing one’s dog in various situations, training, and containing your dog are the best measures to prevent attacks and impending lawsuits.


Katie Young from Fresno Pacific University

When man’s best friend isn’t properly socialized, it can easily become a parent’s worst nightmare. According to the American Veterinary Medical Association, over 4.5 million people are bitten by dogs in America each year, and about a fifth of those bitten require medical attention (n.d.). Children are most vulnerable to attack, and often suffer the most severe injuries as a result. Fortunately, dog owners have the power to reduce the incidence of dog attacks, and to ensure the safety of their community. By exercising good judgment in selecting a dog, spaying and neutering pets, and properly socializing them, dog owners can help to protect those around them from harm, and themselves from liability.

People seeking to adopt a dog should select their pet wisely in order to avoid putting others at risk. The Insurance Information Institute suggests that people “spend time with a dog before buying or adopting it” because “dogs with histories of aggression are inappropriate in households with children” (n.d.). The best way to protect yourself and those around you is to ensure that the dogs you adopt have a gentle, friendly temperament, and aren’t likely to pose a threat to those you love. While additional steps can be taken once a dog is already in your care, this simple, preemptive measure, taken early in the process of dog ownership, can spare you a lot of risk and heartache down the road.

Next, responsible pet owners should spay or neuter their dogs in order to reduce potential aggression. In addition to the prevention of unwanted litters of puppies, spaying or neutering a dog has the added benefit of reducing the likelihood of an attack. In fact, male dogs who are not neutered are three times more likely to bite than those who are (III, n.d.). Spaying or neutering is a simple way that dog owners can help protect others and themselves.

Finally, dog owners should ensure that their pets are properly socialized. From the time they are young, dogs should be introduced to other animals and people, in new and unfamiliar contexts. When a dog is exposed to new people and places as a puppy, “it feels more comfortable in different situations as it gets older” (AMVA, n.d.). It is also important that socialization occurs with practical measures in place, such as a leash when the dog is in public. With common sense and a commitment to socializing an animal well, a dog owner can drastically reduce the risk of an attack.

Therefore, by selecting your pet wisely, spaying or neutering, and socializing your dog over the course of its life, you can ensure the safety of your dog, yourself, and your community.

References

Insurance Information Institute (n.d.). Liability and Safety Tips for Dog Owners. Retrieved November 12, 2022 from https://www.iii.org/article/liability-and-safety-tips-for-dog-owners.

American Veterinary Medical Association (n.d.). Dog Bite Prevention. Retrieved November 12, 2022 from https://www.avma.org/resources-tools/pet-owners/dog-bite-prevention.


Veronica Liu from University of California San Diego

Once, my dog ran away. For 3 weeks straight, I worried for her safety and the potential that, in fear, she may have hurt herself, or worse, others. I had just gotten her from the shelter as her fees were waived as part of their St. Patty’s day marketing; I had no idea that she would escape merely weeks later. Fortunately, we found her at the shelter in the town over, safe and sound. One of the first things we did was buy her a collar with her name and a phone number etched into the tag, so others could contact us if she ever disappeared again. The first thing my mom told me after I begged for a dog was that this dog was my responsibility. Not only did this mean that I would be in charge of feeding, cleaning, and playing with her, but also that I was responsible for whatever this dog did, as I chose to be her owner.

Responsibility and recognizing the potential to harm that your dog has, no matter how big or small, is the first step all owners need to understand before they adopt a dog. Dogs act on impulse–if anything were to happen, because you take responsibility for the dog, that also means that you take responsibility for the consequences as well. Being cognizant of the risks should be the first step a person takes even before they decide to adopt a dog.

After that dog is adopted, being proactive does not stop then. Make sure your dogs have all of its recommended vaccines. Rabies is nearly fatal for humans in most cases[1] and transmittable from dog to human. Many shelters offer discounted rates for shots as well as pet insurance may help; don’t put your dog and others at risk for a preventable and deadly disease.

Then, take your dog to training school or take time out of your day to train your dog. Reactive dog training[2] helps prevent instances where your dog may put itself or others in danger, as well as get you to know your dog better. By figuring out command words that stop your dog from taking specific actions, you can significantly reduce any danger with the yell of a word. Training also boosts the relationship between a dog and its owner[3]–it is in the best interest of everyone for you to train your dog. Additionally, this puts you, the owner, in the position where you can trust that your dog will listen to you should it be in a position where it may harm others or itself. With enough time and love, you can significantly reduce the risks of having a dog.

While your dog is a pet, it also deserves the same quality of life as you do. Treating your dog with basic respect, though ensuring its safety through vaccines, training, and being responsible, reflects who you are and your values.

References

[1]https://www.cdc.gov/rabies/symptoms/index.html#:~:text=

Once%20clinical%20signs%20of%20rabies,of%20pre%2D%20or%20postexposure%20prophylaxis.

[2]https://spiritdogtraining.com/reactive-dog-training

[3]https://www.sciencedirect.com/science/article/pii/S1558787814000343


Think you could write a winning essay? Join us for our next scholarship contest!

Thanks to everyone who participated in this year’s essay contest, and congratulations, Maryrose, on your winning essay!

If you missed this contest or would like to try again next time, please feel free to check out our scholarship page for more details. Students must be enrolled in college to be eligible. Good luck!

Author

brett sachs2
Brett Sachs
Founder

Brett S. Sachs graduated from Michigan State University College of Law with Cum Laude Honors. While attending Michigan State, Brett was awarded for his service in the Michigan State University College of Law Civil Rights Clinic, where he represented prisoners of the Michigan Department of Corrections from injustices brought upon them. Learn more.

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