Different Types of Dog Bite Levels in California: Legal Implications and Injury Severity

Dog bites range from harmless nips to life-threatening attacks—and in California, the legal consequences vary depending on the severity of the bite. To help classify these incidents, veterinarians and behaviorists often refer to the Dunbar Bite Scale, which categorizes dog bites into six levels based on injury severity and intent. Understanding these levels is crucial for victims, dog owners, and attorneys navigating California’s strict liability laws. This article breaks down each bite level, explains its legal implications, and outlines what victims should do after an attack.

California’s Strict Liability Dog Bite Law

Before diving into bite levels, it’s important to understand California’s legal framework. Under California Civil Code § 3342, dog owners are strictly liable for bites that occur:

  • In public places
  • On private property where the victim is lawfully present

This means victims do not need to prove negligence or prior knowledge of the dog’s aggression. If a bite occurs, the owner is responsible—regardless of the dog’s history.

The Six Levels of Dog Bites: Dunbar Bite Scale

The Dunbar Bite Scale, developed by animal behaviorist Dr. Ian Dunbar, is widely used to assess bite severity and guide legal and behavioral responses.

Level 1: Aggressive Behavior, No Skin Contact

  • Description: Dog snaps or lunges but makes no contact with skin
  • Legal Implication: No injury = no liability, but repeated incidents may indicate a dangerous dog
  • Action: Owners should seek training to prevent escalation

Level 2: Tooth Contact, No Puncture

  • Description: Teeth touch skin but do not break it; may cause redness or minor abrasions
  • Legal Implication: May not trigger liability unless injury occurs
  • Action: Document the incident; monitor for signs of escalating aggression

Level 3: Shallow Punctures

  • Description: One to four punctures, none deeper than half the length of the dog’s canine tooth
  • Legal Implication: Reportable offense; owner liable for medical expenses
  • Action: Seek medical attention and file a report with local animal control

Level 4: Deep Punctures

  • Description: One or more punctures deeper than half the length of the canine tooth; may include bruising or tearing
  • Legal Implication: Dog may be classified as dangerous; owner liable for damages
  • Action: Victim should consult an California dog bite attorney and report the bite to authorities

Level 5: Multiple Deep Bites

  • Description: Multiple bites with deep punctures or tearing; often requires hospitalization
  • Legal Implication: Severe attack; dog may be deemed vicious and subject to euthanasia
  • Action: Victim should pursue legal action for full compensation

Level 6: Fatal Attack

  • Description: Bite results in death
  • Legal Implication: Owner may face civil and criminal liability; family may file a wrongful death claim
  • Action: Immediate legal consultation is essential

What Counts as a “Bite” in California?

California defines a dog bite broadly. A bite occurs when:

  • A dog’s teeth make contact with a person’s skin or clothing
  • The dog’s jaw closes around a person, even if the skin isn’t broken
  • The bite causes injury through indirect means, such as a fall

Even minor bites may qualify for compensation under California’s strict liability law.

Exceptions to Liability

While California law is strict, there are exceptions:

  • Trespassing: Owners may not be liable if the victim was unlawfully on private property
  • Provocation: If the victim provoked the dog, liability may be reduced
  • Police or military dogs: Special rules apply when dogs are performing official duties

What to Do After a Dog Bite in California

If you or a loved one is bitten:

  1. Seek medical attention immediately
  2. Report the bite to local animal control or law enforcement
  3. Document the incident with photos, witness statements, and medical records
  4. Avoid negotiating directly with the dog owner or their insurer
  5. Consult a California personal injury attorney to protect your rights

Prompt action helps preserve evidence and strengthens your claim.

Real-Life Example

A jogger in Los Angeles was bitten by a neighbor’s dog, resulting in deep puncture wounds (Level 4). The dog had previously lunged at others but was never reported. The victim’s attorney used medical records and witness testimony to prove liability. The case settled for $325,000, covering medical bills, lost wages, and emotional distress.

Final Thoughts

Dog bite levels matter—not just for medical treatment, but for legal strategy. California’s strict liability law favors victims, but understanding the severity of the bite and acting quickly can make all the difference. Whether the injury is minor or life-altering, victims have the right to pursue compensation and hold negligent owners accountable.

References

  • California Civil Code § 3342. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3342
  • West Coast Trial Lawyers. (2025). Types of Dog Bite Injuries
  • Weinberg Law Offices. (2025). Dog Bite Levels and Their Legal Implications in California
  • Forbes Advisor. (2025). California Dog Bite Laws Guide
  • LegalASAP. (2024). The Six Dog Bite Levels – Ian Dunbar’s Scale