As a business owner and a dog lover, I understand the importance of balancing responsible pet ownership with community safety. Dog bites can cause not only physical injuries but also emotional trauma and financial strain. In California, where millions of families include dogs as part of their household, the law provides clear guidelines on liability, victim rights, and legal recourse. Whether you’re a dog owner, a victim of a dog bite, or simply someone who wants to stay informed, understanding these laws is essential.
Strict Liability for Dog Owners
California enforces a strict liability rule in dog bite cases. This means that dog owners are legally responsible for bites, even if their dog has never shown aggression before. Unlike some states that allow a “one-bite” rule, California holds owners accountable from the very first incident.
Under California Civil Code Section 3342, a dog owner is liable if:
1. The bite occurred in a public place or on private property where the victim was lawfully present, or
2. The victim suffered injuries due to the bite.
However, this law applies specifically to injuries caused by bites. If a dog knocks someone over without biting them, other legal principles—such as negligence—may come into play.
Exceptions to Strict Liability
While California’s strict liability law is comprehensive, there are exceptions where a dog owner may not be held responsible:
• Trespassing: If the person bitten was unlawfully on private property at the time of the incident, the owner may not be liable.
• Provocation: If the victim provoked the dog—by teasing, hitting, or harassing it—the owner may not be held responsible.
• Military or Police Dogs: Dogs actively working for law enforcement or the military are generally exempt if the bite occurs during official duties.
Victim Rights and Compensation
If you or a loved one has been bitten by a dog in California, you have the right to seek compensation for your injuries. Damages may include:
• Medical Expenses: Covering everything from emergency treatment to ongoing physical therapy.
• Lost Wages: If the injury prevents you from working, you may recover lost income.
• Pain and Suffering: Compensation for physical pain and emotional distress.
• Property Damage: If your clothing, bike, or other belongings were damaged in the attack.
Steps to Take After a Dog Bite
To strengthen your claim, take these important steps:
✔️ Seek medical attention immediately, even if the wound seems minor.
✔️ Report the bite to local animal control or law enforcement.
✔️ Document everything—take photos of your injuries, keep medical records, and gather witness statements.
✔️ Consult a personal injury attorney to understand your legal options.
Responsibilities of Dog Owners
As a dog owner, you play a vital role in preventing bites and keeping both your pet and community safe. California law requires owners to use proper restraint, secure your property, post warning signs, and train and socialize your dog.
Time Limits for Filing a Lawsuit
California imposes a two-year statute of limitations on personal injury claims, including dog bites. If a victim fails to take legal action within this timeframe, they may lose the right to seek compensation.
Final Thoughts
Understanding dog bite laws is essential for both dog owners and victims. By staying informed, you can protect your rights, ensure community safety, and promote responsible pet ownership. Whether you’re dealing with the aftermath of a bite or working to prevent one, knowledge of these laws helps foster a safer environment for everyone.
If you’ve been involved in a dog bite incident—either as a victim or a pet owner—consulting with a legal professional can provide the clarity and support you need. This blog post is written by an attorney at The Law Office of Diane Chang, A Professional Corporation. It is for general educational purposes only and is not intended as legal advice or a solicitation for services. We hope it helps you or empowers you to seek next steps in your legal matters. Our attorneys handle an array of personal injury matters throughout California. You can contact us at www.dianechanglaw.com or (213) 814 0535.