AB 265, as introduced, Gatto. Local government liability: dog parks.
Existing law governs the tort liability and immunity of, and claims and actions against, a public entity, including a city, county, and city and county. Existing law makes the owner of any dog civilly liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, as specified, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.
This bill would provide that a city, county, or city and county that owns or operates a dog park with specified signage is immune from civil liability for damages suffered by any person or dog who is bitten by a dog or suffers any other dog-inflicted injury while in the dog park.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 831.7.5 is added to the Government Code,
2to read:
(a) A city, county, or city and county that owns or
4operates a dog park with signage stating that dog owners use the
P2 1dog park at their own risk shall be immune from civil liability for
2damages suffered by any person or dog who is bitten by a dog or
3suffers any other dog-inflicted injury while in the dog park.
4(b) Nothing in this section shall be construed to affect the
5liability of a city, county, or city and county for negligence
6resulting from the failure of the city, county, or city and county to
7maintain a dog park that it owns or operates.
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