California Dog Owner Faces Criminal Charges After Pit Bull Mauls Woman

A California woman faces criminal charges after her pit bull mauled another woman in an attack that has drawn renewed scrutiny to the intersection of owner liability and criminal accountability under state law, The New York Times reported ^[1]. The case highlights how prosecutors in California have increasingly treated serious dog attack incidents not merely as civil matters but as potential criminal offenses, particularly when evidence suggests an owner had prior knowledge of an animal's dangerous propensities ^[1].

Under California Penal Code Section 399, a person may be criminally liable if a dangerous animal they own injures or kills another person; while the offense most commonly applies to dogs, it extends to any animal owned or kept by the defendant ^[2]. To sustain a conviction, the prosecution must establish that the defendant owned or had custody of a dangerous animal, that the defendant knew the animal was dangerous, and that the defendant either willfully allowed the animal to run free or failed to use ordinary care in keeping it, resulting in serious injury or death to another person ^[2].

When a victim suffers serious injury, the charge operates as a "wobbler," meaning prosecutors may pursue it as either a felony or a misdemeanor; a felony conviction carries a maximum sentence of three years, while a misdemeanor conviction may result in up to one year in jail ^[2]. Under both scenarios, a convicted defendant is also required to pay restitution to the victim for their injuries, in addition to substantial court fines ^[2].

Separate from any criminal exposure, California's civil framework imposes strict liability on dog owners. California's dog bite statute, Civil Code Section 3342, imposes strict liability on a dog's owner regardless of breed; a victim need not prove the dog was particularly vicious or had a prior history of aggression ^[3]. Because California is a strict liability state in dog bite cases, a victim may sue the owner for injury compensation even if the dog had not shown aggressive behavior before, provided the attack occurred in a public place or on private property the victim had been lawfully invited to enter ^[4]. Even where criminal charges are filed, an injured person retains the right to pursue a separate civil action against the owner for damages, provided suit is filed within two years of the injury under California Code of Civil Procedure Section 335.1 ^[5].

According to The New York Times, the case drew attention specifically because it illustrated how a single dog attack incident can give rise to parallel criminal and civil proceedings, placing the owner at risk of both incarceration and significant monetary judgments ^[1]. Legal experts note that states with felony dog attack statutes, even those not requiring an animal to be previously classified as dangerous, still typically require proof that the owner had knowledge of the dog's propensities, and most laws also require a showing of reckless or criminally negligent intent on the part of the owner in failing to confine or control the animal ^[6]. The California prosecution fits that pattern, with the outcome likely to turn on what the owner knew about the dog's history and what steps, if any, she took to prevent an attack.

References

[1] The New York Times. (2022, November 14). Dog Owner Charged After Pit Bull Mauls Woman in California. https://www.nytimes.com/2022/11/14/us/dog-attack-owner-charged.html

[2] Kraut Law Group. (n.d.). California Penal Code Section 399 PC: Failing to Control a Dangerous Dog/Animal. https://www.losangelescriminallawyer.pro/amp/california-penal-code-section-399-pc-failing-to-control-a-danger.html

[3] J&Y Law. (2025, August 15). Pit Bull Bites in Los Angeles: What Victims Should Know. https://jnylaw.com/home/practice-areas-dog-bite-accident/pit-bull-bites-in-los-angeles-what-victims-should-know/

[4] Maison Law. (2021, October 21). California Pit Bull Attacks. https://maisonlaw.com/personal-injury/dog-bites/pit-bull-attacks/

[5] Stimmel Law. (n.d.). Dog Law in California: Protecting the Dog and Protecting People/Animals from the Dog. https://www.stimmel-law.com/en/articles/dog-law-california-protecting-dog-and-protecting-peopleanimals-dog

[6] DogsBite.org. (n.d.). State Felony Dog Attack Laws. https://www.dogsbite.org/legislating-dangerous-dogs-felony-dog-attack-laws.php