California Court of Appeal

Defendant's conviction regarding the attack of an elderly man by a pit bull owned by defendant is affirmed, where: 1) California does not criminalize mere ownership of a pit bull or any similar animal; however, 2) if a person knows his or her animal is mischievous and fails to exercise ordinary care, and as a result a human being suffers serious bodily injury or death, that person may be prosecuted pursuant to Penal Code section 399; and 3) here, there is substantial evidence that defendant failed to exercise ordinary care, and that the victim suffered serious bodily injury.

Appellate Information

• Decided 05/13/2013
• Published 05/13/2013

Judges

• REARDON

Court

• California Court of Appeal

Counsel