California dog bite law makes a dog's owner responsible when the dog bites someone in a public place, or someone lawfully on private property, even if the dog had never bitten anyone before and the owner had no reason to think it would. That rule, in Civil Code §3342, is called strict liability: you generally don't have to prove the owner was careless. This guide explains when the statute applies, when it doesn't, and the deadlines for a claim. It's general information, not legal advice.
What does California's dog bite law say?
A dog's owner is liable for the damages suffered by anyone the dog bites in a public place, or while lawfully in a private place, including the owner's own property. It doesn't matter whether the dog was ever vicious before, or whether the owner knew it could be (Civil Code §3342 (opens in a new tab)). The skin doesn't have to be broken for the statute to apply (CACI No. 463 (opens in a new tab)).
To win under the statute, you still have to show that the defendant owned the dog, that it bit you while you were in a public place or lawfully on private property, that you were harmed, and that the bite was a substantial factor in causing your harm (CACI No. 463 (opens in a new tab)).
Who counts as lawfully on private property?
Under the statute, you're lawfully on someone's private property if you were invited, either expressly or by implication, or if you were there to perform a duty imposed by California law or by federal law or postal regulations, like a mail carrier (Civil Code §3342 (opens in a new tab)). A guest at a party, someone invited in for a visit, or a person carrying out a legal duty would generally qualify. Someone who wasn't lawfully there generally can't rely on the statute.
When doesn't the dog bite statute apply?
The statute has limits. It makes a dog's owner responsible for bites to people in public places or lawfully on private property. If the injury wasn't a bite, the claim is against someone other than the owner, the dog was doing certain police or military work, or the injured person wasn't lawfully there, other rules decide whether there's a claim:
Injuries without a bite
If a dog knocked you down or chased you into traffic, the bite statute doesn't apply. A claim may still be possible if the owner was careless, or if the owner or keeper knew or should have known the dog was dangerous.
Sources: Civil Code §1714 (opens in a new tab); CACI No. 462 (Judicial Council of California) (opens in a new tab)
Someone other than the owner
The strict liability rule applies to the dog's owner. Claims against others, like a landlord or someone watching the dog, follow different rules.
Police and military dogs
A government agency using a dog in police or military work isn't strictly liable in certain situations, such as when the dog is helping hold a suspect, if the agency has a written policy on using dogs. The exception doesn't cover a bystander who wasn't involved in, or suspected of, the incident.
Not lawfully present
Someone who wasn't in a public place and wasn't lawfully on the property, such as a trespasser, generally can't use the statute.
Sources: Civil Code §3342 (opens in a new tab); CACI No. 463 (Judicial Council of California) (opens in a new tab)
What defenses can a dog owner raise?
Strict liability doesn't mean the owner has no defenses. Courts have said an owner sued under the dog bite statute can still argue that the injured person's own carelessness contributed to the harm, or that the person assumed the risk of being bitten (CACI No. 463 (opens in a new tab)). Two common examples are below, and a person who wasn't lawfully on the property generally can't use the statute at all. Which defenses apply depends on the facts.
Your share of fault
The owner can argue that the injured person's own carelessness contributed to the harm. Under California's comparative fault rule, that reduces the damages by the injured person's share rather than ending the claim.
Sources: CACI No. 463 (Judicial Council of California) (opens in a new tab); CACI No. 405 (Judicial Council of California) (opens in a new tab); Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
Veterinarians and kennel workers
Courts have held that people who care for dogs as part of their job, such as a veterinarian, a veterinary assistant or a kennel worker caring for boarded dogs, assume the risk of being bitten and can't use the strict liability statute.
Source: CACI No. 463 (Judicial Council of California) (opens in a new tab)
What if the dog has bitten someone before?
Under the bite statute, a dog's history doesn't matter for the owner's liability. But California law also puts extra duties on owners of dogs that have bitten. The owner of a dog that has bitten a person must take reasonable steps to remove the danger to others. If a dog has bitten people on at least two separate occasions, any person, the district attorney or the city attorney can ask a court to decide whether the danger has been removed, and the court can order steps to prevent another bite (Civil Code §3342.5 (opens in a new tab)).
What can a dog bite claim cover?
The losses the bite caused. Economic losses include medical bills, now and in the future, and income you lost while you recovered. Non-economic losses include pain, emotional distress, including anxiety, and disfigurement such as scarring (Civil Code §1431.2 (opens in a new tab); CACI No. 3905A (opens in a new tab)). What a claim is worth depends on its facts; our guide to what a case is worth explains the factors.
How long do I have to file a dog bite claim in California?
Generally two years from the bite to file a lawsuit (Code of Civil Procedure §335.1 (opens in a new tab)). If a public agency is responsible, for example for a police dog, a written claim to the agency is generally due within six months (Government Code §911.2 (opens in a new tab)). If the person bitten was a child, the time until they turn 18 generally isn't counted toward the two-year deadline (Code of Civil Procedure §352 (opens in a new tab)), but that pause doesn't apply to claims against a public agency. Even so, acting early helps: witnesses remember more, and it's easier to find out who owns the dog and whether it has bitten before.
What should I do after a dog bite?
Get medical care first, even for a bite that looks minor. Then gather information while it's fresh: who owns the dog, what happened and who saw it. Report the bite, document your injuries as they heal, and be careful with insurance companies. These steps help, in order.
See a doctor.
Follow the doctor's instructions and keep every record and bill.
Identify the dog and its owner.
Get the owner's name, address and phone number, and ask about the dog's vaccinations. Photograph the dog if you can do it safely.
Report the bite.
Report it to your local animal control agency or health department and keep the reference number.
Document your injuries.
Take photos right away and as the wounds heal, including any scarring. Keep torn clothing.
Talk to a lawyer before you talk to an insurer.
A homeowner's or renter's insurance policy may cover the bite. You don't have to give the insurance company a recorded statement.
Our dog bite page explains how we help with these claims.