By Joshua B. Nozar, Esq.
A dog bite can happen in a second, but deep wounds, infections, and scars can last much longer. If you or your child was bitten, you may be wondering who is legally responsible. Here is what California law says and how it may apply to you.
California’s Dog Bite Statute: Strict Liability
California’s main dog bite law is Civil Code section 3342. It says:
“The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.” (Cal. Civ. Code § 3342(a).)
This is called strict liability. In plain English, the owner can be held responsible even if:
- The dog never bit anyone before.
- The owner had no idea the dog could be dangerous.
In other words, there is no “free first bite” under this statute.
What Does “Lawfully in a Private Place” Mean?
The statute explains that a person is lawfully on the owner’s property “when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner” (Cal. Civ. Code § 3342(a)).
That language covers people like:
- Postal workers delivering mail.
- Guests the owner invited over.
- People with implied permission, which may include delivery drivers bringing an order to the door, repair workers, and others with a legitimate reason to be there. Whether permission was implied depends on the facts.
Because the statute covers only people in a public place or lawfully on private property, a trespasser generally cannot rely on section 3342. Other legal theories may still apply in some cases.
Exception for Police and Military Dogs
The strict liability rule has a limited exception. A person generally cannot sue a government agency under section 3342 if a police or military dog bit them while “defending itself from an annoying, harassing, or provoking act,” or while helping an officer catch or hold a suspect, investigate a crime, carry out a warrant, or defend someone (Cal. Civ. Code § 3342(b)). The exception does not apply to a bystander who was not “a party to, nor a participant in” the conduct that led to the dog’s use (Cal. Civ. Code § 3342(c)). It also applies only if the agency has a written policy on dog use (Cal. Civ. Code § 3342(d)).
Claims against government agencies also have a much shorter deadline. An injury claim generally must be presented “not later than six months after the accrual of the cause of action” (Cal. Gov. Code § 911.2(a)).
Other Ways to Hold Someone Responsible
Section 3342 is not the only path. Other claims may apply, especially when the statute does not fit, such as when the injury was not a bite (for example, a dog knocked you down) or when someone other than the owner was involved.
Negligence
Under California’s general negligence law, everyone is responsible for injuries caused “by his or her want of ordinary care or skill in the management of his or her property or person” (Cal. Civ. Code § 1714(a)). A dog owner or keeper who lets a dog run loose or ignores a leash law may be liable for negligence. A California appeals court has held that a negligence claim over a dog is separate from strict liability, and that it was wrong to “engraft onto negligence legal criteria applicable to strict liability” (Drake v. Dean (1993) 15 Cal.App.4th 915).
Known dangerous dog (“scienter”)
Apart from the statute, there is an older strict liability theory based on what the owner knew about the dog. In Drake v. Dean, all parties agreed the plaintiff was entitled to jury instructions on strict liability for harm done by a domestic animal “with known vicious or dangerous propensities abnormal to its class” (Drake v. Dean (1993) 15 Cal.App.4th 915, 920). This kind of claim may matter when section 3342 does not fit the facts.
Can a Landlord Be Responsible?
Sometimes. A landlord is usually not the dog’s owner, so section 3342 does not apply to them. But a California court held that a landlord may owe a duty of care “when the landlord has actual knowledge of the presence of the dangerous animal and when he has the right to remove the animal by retaking possession of the premises” (Uccello v. Laudenslayer (1975) 44 Cal.App.3d 504). These cases can overlap with premises liability claims in Los Angeles, and they turn heavily on what the landlord knew.
Provocation and Shared Fault
Dog owners and their insurers often argue that the injured person provoked the dog or was careless. In negligence cases, California uses comparative fault: your share of fault “shall not bar recovery,” but damages are reduced in proportion to it (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, 829). How these defenses apply in a strict liability dog bite case depends on the specific facts, so get advice before assuming you have no claim.
What to Do After a Dog Bite
- Get medical care. Dog bites can become infected quickly, and rabies is a concern with unknown dogs.
- Identify the dog and the owner. Get names, addresses, and phone numbers.
- Report the bite to animal control. A report creates a record and may help confirm the dog’s vaccination history.
- Take photos of your wounds over time, the location, and the dog if safe.
- Get witness information.
- Avoid recorded statements to the owner’s insurance company before speaking with a lawyer.
Who Pays for a Dog Bite Claim?
In many cases, a dog bite claim is paid by the owner’s homeowner’s or renter’s insurance policy, not out of the owner’s pocket. Some policies limit or exclude coverage for certain dogs, so the details matter. Learn more about personal injury claims in California.
How Long Do You Have to File?
Most dog bite lawsuits in California must be filed “within two years” of the injury (Cal. Code Civ. Proc. § 335.1). Claims against a government agency have the shorter six-month claim deadline noted above. See How Long Do I Have to File a Personal Injury Claim in California?
Frequently Asked Questions
Does California have a “one bite” rule?
Not under Civil Code section 3342. The owner can be liable “regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness” (Cal. Civ. Code § 3342(a)).
I was bitten while delivering food. Do I have a case?
Possibly. The statute protects people on private property “upon the invitation, express or implied, of the owner” (Cal. Civ. Code § 3342(a)). Whether you had permission to be there depends on the facts.
What if the dog belongs to a tenant?
The tenant-owner may be liable under section 3342. The landlord may also be liable if they knew the dog was dangerous and could have had it removed (Uccello v. Laudenslayer (1975) 44 Cal.App.3d 504).
Speak With a Los Angeles Dog Bite Lawyer
If a dog bit you or your child, a Los Angeles dog bite lawyer at Nozar Law, APC can review what happened and explain your options. We offer a free case evaluation, and there are no attorney fees unless we win. Se habla español. Call (310) 620-4400 today.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
