California has some of the strictest dog bite laws in the country, designed to protect victims and hold dog owners accountable. If you or a loved one has been bitten by a dog in California, it’s important to understand your legal rights, potential compensation, and the steps to take after an attack. This guide explains California’s dog bite laws, how liability is determined, and what victims need to do to protect their rights.
1. California’s Strict Liability Law
Unlike some states that follow a “one-bite rule,” California follows a strict liability standard for dog bites. This means that a dog owner is automatically responsible if their dog bites someone, regardless of whether the dog had shown aggression before.
California Civil Code § 3342 – The Dog Bite Law
Under California Civil Code Section 3342, a dog owner is liable if:
- The victim was lawfully on private property or in a public place when the bite occurred.
- The bite caused injuries (even if minor).
- The victim did not provoke the dog.
What Strict Liability Means for Victims
- Victims do not need to prove negligence or that the owner knew the dog was dangerous.
- The owner cannot argue that they were unaware of the dog’s aggression.
- Even if the dog never bit anyone before, the owner is still responsible.
2. Exceptions to California’s Dog Bite Law
While strict liability applies in most cases, there are some exceptions where the owner may not be held responsible:
Exceptions Include:
- Police and Military Dogs – If a law enforcement or military dog bites someone during official duties, the owner is not liable.
- Trespassers – If the victim was illegally trespassing on private property, the owner is not responsible.
- Dog Provocation – If the victim provoked or attacked the dog first, this could reduce or eliminate the owner’s liability.
- Veterinarians and Animal Handlers – If someone is bitten while working with dogs (such as a vet, groomer, or trainer), they may not be able to sue under strict liability unless negligence is involved.
3. What Compensation Can Dog Bite Victims Receive?
Victims of dog bites in California can seek compensation for damages, including:
Economic Damages (Monetary Losses)
- Medical bills (hospital visits, surgeries, medications, rehabilitation).
- Lost wages if the injury prevents you from working.
- Future medical costs for ongoing treatment or physical therapy.
Non-Economic Damages (Pain and Suffering)
- Pain and suffering from the injury.
- Emotional distress (anxiety, PTSD, fear of dogs).
- Scarring and disfigurement, especially for facial injuries.
Punitive Damages (In Extreme Cases)
- If the owner knew the dog was dangerous but failed to prevent an attack, the court may award punitive damages to punish reckless behavior.
4. Filing a Dog Bite Lawsuit in California
Statute of Limitations (Deadline to File a Lawsuit)
- In California, dog bite statute of limitations is two years from the date of the attack to file a personal injury lawsuit.
- If a lawsuit is not filed within this time frame, the victim may lose the right to seek compensation.
Who Pays for Damages?
- Homeowners’ or renters’ insurance – Most dog bite claims are covered by the dog owner’s homeowners’ or renters’ insurance.
- The dog owner personally – If no insurance is available, the dog owner may be personally liable for damages.
- Landlords (In Some Cases) – If a landlord knew that a tenant’s dog was dangerous and failed to take action, they might also be held liable.
5. Steps to Take After a Dog Bite in California
If you are bitten by a dog, follow these steps to protect your health and legal rights:
1. Seek Medical Attention Immediately
- Even minor bites can lead to infection, rabies, or nerve damage.
- Get emergency treatment for deep wounds.
2. Identify the Dog and Its Owner
- Obtain the owner’s name, address, and contact information.
- Ask about the dog’s vaccination history (especially rabies shots).
3. Take Photos and Document the Incident
- Photograph the wound, torn clothing, and the location of the attack.
- Record any visible injuries or damage to property.
4. Report the Bite to Local Authorities
- Contact San Diego County Animal Services or the local health department to report the bite.
- Authorities will investigate and determine if the dog poses a public safety risk.
5. Speak with Witnesses
- Get statements and contact information from anyone who saw the attack.
6. Do Not Give a Recorded Statement to Insurance Companies
- The dog owner’s insurance company may try to minimize your claim.
- Avoid making statements or signing agreements without legal advice.
7. Consult a Dog Bite Attorney
- A lawyer can help negotiate a fair settlement or file a lawsuit if necessary.
- Most personal injury attorneys work on a contingency basis, meaning you pay nothing unless you win your case.
6. What Happens to the Dog After a Bite?
When a dog bite is reported, California law requires an investigation to determine if the dog poses a risk.
Possible Outcomes:
- Quarantine (Usually 10 Days) – The dog may be quarantined to monitor for rabies.
- Dangerous Dog Designation – If the dog has a history of attacks, the owner may be required to take extra precautions.
- Euthanasia (In Extreme Cases) – If the dog is deemed a severe danger to the public, it may be euthanized.
7. Preventing Dog Bites in California
Dog owners can take steps to prevent attacks and avoid liability:
- Always keep dogs on a leash in public areas.
- Properly socialize and train dogs to reduce aggression.
- Post warning signs if you own a potentially dangerous dog.
- If your dog shows aggression, consider muzzle training or behavioral therapy.
Conclusion
California’s strict liability dog bite laws protect victims and ensure that dog owners are held accountable for injuries caused by their pets. If you are bitten, seeking medical attention, reporting the attack, and consulting a San Diego dog bite lawyer can help you secure compensation for medical expenses, lost wages, and pain and suffering. Understanding your rights and legal options ensures that you receive the justice and financial support you deserve.
References
- California Civil Code § 3342. (2023). California’s dog bite liability law. Retrieved from https://leginfo.legislature.ca.gov
- California Department of Public Health. (2023). Rabies prevention and dog bite reporting requirements. Retrieved from https://www.cdph.ca.gov
- San Diego County Animal Services. (2023). Dog bite reporting and quarantine procedures. Retrieved from https://www.sddac.com
- California Department of Insurance. (2023). Homeowners’ insurance and liability for dog bites. Retrieved from https://www.insurance.ca.gov
- American Veterinary Medical Association. (2023). Preventing dog bites: Owner responsibilities. Retrieved from https://www.avma.org
