My dog bit my roommate

Question

My dog bit my roommate but they are not pressing charges. Even so, animal control still wants to down my dog. What are my legal rights? Please help me get my dog back.

Answer

You need to immediately contact an attorney in your state. Dog “owners” whose dogs have bitten are entitled to due process, including a hearing to determine whether the dog is potentially dangerous or vicious. The “owner” of the dog alleged to be potentially dangerous or vicious will have an opportunity at the hearing to present evidence on why the dog should not be declared potentially dangerous or vicious. If the dog is declared potentially dangerous or vicious, the court will order the dog’s owner” to take certain action, including, for example, keeping the dog properly secured. Euthanasia may be ordered in limited cases where the dog caused serious injury. There is also an appeals process. Worth noting as well is that California law provides, in part, that a dog shall not be declared potentially dangerous or vicious “if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime. No dog may be declared potentially dangerous or vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault…” Again, I suggest you consult immediately with an attorney in your area. Good luck!