AB 265, as amended, 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, city and county, or special district that owns or operates a dog park shall not be held liable for any injury or death suffered by any person or pet resulting solely from the actions of a dog 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) Notwithstanding any other law, a city, county,
4city and county, or special district that owns or operates a dog park
5
shall not be held liable for injury or death of a person or pet
6resulting solely from the actions of a dog in the dog park.
7(b) This section shall not be construed to otherwise affect the
8liability of a city, county, city and county, or special districtbegin delete9 including, but not limited to, liability
for
creating or maintaining
10a dangerous condition of public property as set forth in Section
11835end delete
O
97