What dangerous dog laws do
These laws are about public safety. After an investigation, an official can label a dog dangerous or vicious in some states and order the owner to follow rules.
In Florida, the owner of a dog classified as dangerous must get a certificate of registration from animal control and renew it every year, under Fla. Stat. 767.12. The same law also requires a proper enclosure for the dog.
How a dog gets a dangerous dog designation
In Florida, animal control must investigate reported incidents and take a sworn statement from anyone who wants a dog classified as dangerous (767.12). A dog that has aggressively bitten, attacked or severely injured a person meets the test in Fla. Stat. 767.11.
California uses two levels. A potentially dangerous dog includes one that bites a person without provocation and causes a less severe injury (Food and Agricultural Code 31602). A vicious dog severely injures or kills a person without provocation or keeps up the behavior after being listed (section 31603).
The dangerous dog hearing
The owner can fight the label. In Florida, the owner has 7 calendar days after the notice to ask for a hearing. It must then be held no sooner than 5 and no later than 21 days after the request (767.12).
In California, animal control or the police ask the county's superior court for a hearing and it runs as a limited civil case. A city or county may use its own hearing instead (section 31621).
As the person bitten, you may be asked for a statement. Your report, photos and medical records help here too.
What a designation means for your claim
A designation is not your claim for money. Animal control or a court decides it on a separate track.
It still matters. In a one-bite state, a past designation is strong proof the owner knew the dog was dangerous. An insurer may also exclude a dog once it has bitten, which changes who pays, the Triple-I notes.
Dangerous dog lawyers on the owner's side fight the label. On your side, an attorney uses the record for the injury claim. See your state's rule in dog bite laws by state or a rough value with the settlement calculator.
