Whether or not a dog is leashed at the time of an attack really does not matter, as Civil Code Section 3342 strongly favors dog bite victims. However, the owner of the dog who bites a person is more likely to attempt to assert various defenses if his or her dog was leashed at the time.
For example, the owner of the dog may assert that the victim provoked his or her leashed dog in a menacing or threatening manner.
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