Dog bites can cause serious physical and emotional harm—and California law provides strong protections for victims. Unlike many states that follow a “one bite” rule, California imposes strict liability on dog owners for bite injuries, regardless of the dog’s history. This article explains the key provisions of California’s dog bite statute, who can be held liable, what defenses may apply, and how victims can pursue compensation.

Overview of California’s Dog Bite Statute

California Civil Code § 3342 establishes strict liability for dog owners. This means:

• Owners are liable for any bite injury that occurs in a public place or when the victim is lawfully on private property
• Liability applies regardless of the dog’s prior behavior or the owner’s knowledge of aggression
• Victims do not need to prove negligence or prior incidents

This statute makes California one of the most victim-friendly states when it comes to dog bite litigation.

What Counts as a “Dog Bite”?

Under California law, a “bite” includes:

• Any instance where a dog’s teeth close around a person
• Injuries caused by a dog grabbing clothing or limbs—even if the skin is not broken
• Bites that result in secondary injuries, such as falling or twisting during the attack

Example: A delivery driver is bitten on the pant leg and falls off a porch, breaking their wrist. The court may consider this a bite-related injury under § 3342.

Who Is Protected Under the Law?

Victims are protected if they were:

• In a public place (e.g., sidewalk, park, store)
• Lawfully on private property, including:
  • Invited guests
  • Postal workers and delivery personnel
  • Utility workers or contractors
  • Tenants and their guests

Trespassers are not protected under the statute, though they may still pursue claims under general negligence law.

Exceptions to Strict Liability

While California’s dog bite law is broad, there are exceptions:

1. Trespassing

Victims who were unlawfully on private property may not recover under § 3342.

2. Provocation

If the victim provoked the dog, the owner may argue comparative fault. Courts may reduce compensation based on the victim’s share of responsibility.

3. Assumption of Risk

Certain professionals—like veterinarians, kennel workers, and groomers—may be deemed to have assumed the risk of injury. This is known as the “veterinarian’s rule”.

4. Law Enforcement and Military Dogs

Government agencies are generally immune from liability if the dog was:

• Performing official duties
• Provoked or defending itself
• Acting under a written policy

However, innocent bystanders injured by police dogs may still have a claim.

Dangerous and Vicious Dogs

California law allows authorities to classify dogs as:

• Potentially dangerous: Dogs involved in two or more unprovoked incidents within three years
• Vicious: Dogs that cause serious injury or death

Consequences may include:

• Mandatory training or confinement
• Fines for owners
• Euthanasia in extreme cases

Filing a Dog Bite Lawsuit in California

Statute of Limitations

Under California Code of Civil Procedure § 335.1, victims have:

• Two years from the date of the bite to file a personal injury lawsuit
• Six months to file a claim against a government entity (Gov. Code § 911.2)

Failing to file within these deadlines may result in dismissal.

What You Must Prove

To succeed under § 3342, victims must show:

1. The defendant owned the dog
2. The dog bit the victim
3. The bite occurred in a public place or while the victim was lawfully on private property
4. The bite caused injury

No proof of negligence or prior aggression is required.

Compensation Available

Victims may recover:

Economic Damages

• Medical expenses (ER visits, surgery, rehab)
• Lost wages and future earning capacity
• Property damage (e.g., torn clothing, broken devices)

Non-Economic Damages

• Pain and suffering
• Emotional distress
• Disfigurement or scarring
• Loss of enjoyment of life

Punitive Damages

In cases of gross negligence or intentional misconduct, courts may award punitive damages to punish the owner.

Real-Life Example

A child was bitten on the face by a neighbor’s dog while playing in the yard. The dog had no prior history of aggression. The family sued under § 3342 and recovered $85,000, covering medical bills, plastic surgery, and emotional trauma. The owner’s homeowners insurance paid the settlement.

Comparative Fault in Dog Bite Cases

California follows a pure comparative negligence rule. If the victim shares fault, their compensation is reduced proportionally.

Example:

• Total damages: $100,000
• Victim found 25% at fault for provoking the dog
• Final award: $75,000

Final Thoughts

California’s dog bite statute offers robust protections for victims—holding owners accountable regardless of prior behavior. Whether the injury is minor or severe, victims have the right to pursue compensation for medical costs, emotional harm, and lost income. Understanding the law and acting quickly can make all the difference. If you’ve been bitten, consult a qualified dog bite attorney to explore your options and protect your rights.

References

• California Civil Code § 3342. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3342
• California Code of Civil Procedure § 335.1. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=335.1
• California Government Code § 911.2. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=911.2
• California Dog Bite Laws – Nolo
• California Dog Bite Laws 2025 Guide – Forbes Advisor
• California Dog Bite Law – Shouse Law Group
• Comprehensive Guide to Dog Bite Laws in California – Maison Law