Personal injury · California law
California Dog Bite Law: Who Pays When a Dog Bites
In California, a dog's owner is legally responsible when the dog bites someone in a public place or someone lawfully on private property, even if the dog never bit anyone before. You don't have to prove the owner was careless, and the owner's insurance often pays.
Reviewed by Steven D. Green, Esq. · Updated
Key Takeaways
- California makes a dog's owner liable for a bite in a public place or on private property where the victim was lawfully present.
- The first bite counts, because the law ignores the dog's history and what the owner knew.
- Trespassers, some police dog bites and veterinary or kennel workers caring for the dog fall outside the bite statute.
- Injuries without a bite, such as being knocked down, need proof of carelessness or of a known dangerous dog.
- A lawsuit is generally due within two years, but a claim against a public agency is due within six months.
- Get medical care, report the bite and collect the owner's name, address and insurance details the same day.
California's dog bite statute: strict liability
California's dog bite law is Civil Code section 3342. It makes a dog's owner liable for the damages of anyone the dog bites in a public place, or while lawfully in a private place, including the owner's own property. It applies whether or not the dog was ever vicious before and whether or not the owner knew of any danger.
Lawyers call this strict liability. In most injury cases you must prove someone was careless. Under Civ. Code 3342(a), you only need to show three things: the defendant owned the dog, the dog bit you, and you were in a public place or lawfully on private property when it happened. California has no "one free bite" rule for bites.
| What happened | Rule that usually applies | What you must show |
|---|---|---|
| Bitten in a public place | Strict liability, Civ. Code 3342(a) | The owner's dog bit you |
| Bitten as a guest or worker on private property | Strict liability, Civ. Code 3342(a) | You were invited or there doing a legal duty |
| Bitten while trespassing | The bite statute does not cover you | Talk to a lawyer about other theories |
| Bitten by a police or military dog on duty | Possible exemption, Civ. Code 3342(b)-(d) | Depends on your role and the agency's written policy |
| Knocked down, chased or scratched, no bite | Negligence or the owner's knowledge | Carelessness, or that the owner knew the dog was dangerous |
| Bitten while caring for the dog as a vet or kennel worker | Usually barred for the statute claim | Talk to a lawyer about other theories |
Sources: Civ. Code 3342, Priebe v. Nelson (2006) 39 Cal.4th 1112 and Civ. Code 1714(a). Every case turns on its facts.
Who the statute protects, and who it doesn't
The statute protects anyone bitten in a public place and anyone lawfully on private property. You are lawfully on the owner's property if you were invited, openly or by implication, or were there doing a duty imposed by state law or federal postal rules. Trespassers fall outside it, and so do some bites by police and military dogs.
Guests, delivery drivers and mail carriers
An implied invitation covers everyday visits, such as a neighbor at the front door or a delivery driver on the walkway. A mail carrier on duty is expressly covered Civ. Code 3342(a).
Police and military dogs
A government agency is not liable under the statute when its police or military dog bites while defending itself from provocation or helping an officer arrest or hold a suspect, investigate a crime, serve a warrant or defend someone Civ. Code 3342(b). That exemption does not apply to a bystander who had no part in what prompted the dog's use Civ. Code 3342(c), and it applies only if the agency has a written policy on using its dogs Civ. Code 3342(d).
Veterinarians and kennel workers
The California Supreme Court held that a kennel worker bitten by a dog in her care could not use the statute, because that work carries an accepted risk of bites Priebe v. Nelson (2006) 39 Cal.4th 1112. A separate claim stayed open where the owner hid a biting history.
Knocked down or chased: injuries without a bite
The statute covers bites only. If a dog knocks you over, jumps on you, or chases you into traffic or off your bike, you can still have a claim, but you usually must show the owner was careless or knew the dog was dangerous. These cases can involve serious falls and broken bones.
Everyone is responsible for injuries caused by a lack of ordinary care in managing their property Civ. Code 1714(a). Letting a large dog run loose near a bike lane can be that kind of carelessness. And an owner who knows or has reason to know a domestic animal has dangerous tendencies is strictly liable for the injuries it causes, as the Supreme Court described in Priebe v. Nelson (2006) 39 Cal.4th 1112.
Our pages on back injury claims and California bicycle accident claims explain how those injuries are proved and valued.
What to do after a dog bite
Wash the wound, get medical care, and report the bite to your local animal control or health department the same day. Then get the owner's name, address and insurance details, and photograph the wound and the place it happened. Those records protect your health and your claim.
- Wash the bite with soap under running water for about five minutes, as the California Department of Public Health advises.
- See a doctor, especially for a deep wound, a bite to the face or hands, or any sign of infection.
- Report the bite to animal control or your county health department and ask for the report number.
- Get the owner's name, address and phone number, and ask whether they have homeowners or renters insurance.
- Photograph the wound over time, the location, any broken fence or gate, and any torn clothing.
- Get witnesses' names and phone numbers before you leave.
The California Department of Public Health says to seek care for pain, redness, swelling or discharge. The local health officer can order a dog that bit someone isolated and watched for at least 10 days 17 CCR 2606(b)(2).
Bitten or hurt by a dog? The owner's insurer will likely call you soon. Talk to a lawyer before you give a recorded statement. Call (888) 264-3780, answered 24/7.
Who pays, and what you can recover
The dog's owner is the person the statute makes liable, and the owner's homeowners or renters insurance often pays the claim. You can recover the harm the bite caused: medical bills, future treatment, lost income, scarring, and pain and suffering. If you were bitten at work, workers' comp does not stop a claim against the owner.
California's measure of damages for an injury is the amount that compensates for all the harm it caused Civ. Code 3333. Owners and insurers often argue the victim provoked the dog or was partly to blame, and how much that matters depends on the facts.
Bitten on the job
Workers bitten on the job can claim workers' compensation and still bring a claim against the dog's owner Lab. Code 3852. Our workplace injury lawyer page explains how the two claims fit together.
When someone other than the owner is involved
A claim against a landlord or business that didn't own the dog depends on what they knew and controlled. See our guide to suing a landlord for an injury and our premises liability lawyer page.
Children
A California Department of Public Health study of emergency visits from 2005 to 2019 found children under 10 went in for dog bites more than any other age group, and were over three times as likely to be bitten on the head or face. See our article on injury claims for children.
What happens to the dog
Most dogs that bite once are not put down. California requires the owner of a dog that has bitten someone to take reasonable steps to prevent more bites. After bites on two separate occasions, or a serious bite by a dog trained to attack, a court can order changes that may include removing or destroying the dog.
The owner's duty and the court process are in Civ. Code 3342.5. That process does not affect the owner's liability to you under the bite statute Civ. Code 3342.5(f). State law also lets local agencies label a dog "potentially dangerous" after an unprovoked bite Food & Agric. Code 31602, or "vicious" after an unprovoked attack that causes severe injury Food & Agric. Code 31603.
Dog bite deadlines in California
You generally have two years from the bite to file a lawsuit. If a city, county or other public agency owned the dog, as with a police dog or a dog from a public shelter, a written claim is due within six months. For a child, the two-year period usually waits until age 18, but the six-month claim deadline does not.
| Situation | Deadline | Source |
|---|---|---|
| Injury lawsuit against a private dog owner | 2 years from the bite | CCP 335.1 |
| Written claim when a public agency owned the dog | 6 months | Gov. Code 911.2(a) |
| Lawsuit after the agency sends a written rejection | 6 months from the notice | Gov. Code 945.6(a)(1) |
| Child bitten by a private owner's dog | Usually paused until age 18 | CCP 352(a) |
| Child's claim against a public agency | Not paused: 6 months still applies | CCP 352(b) |
Enter the date of the bite in our California Claim Clock to see your main dates. If a dog attack took a family member's life, see our wrongful death lawyer page. Our California personal injury lawyer page covers the full process, and we take cases in all 58 California counties.
Questions
Dog bite questions
Is California a strict liability state for dog bites?
Yes. Under Civil Code section 3342, a dog's owner is liable when the dog bites someone in a public place or someone lawfully on private property, even for a first bite. You don't have to prove the owner was careless.
Does California have a one-bite rule?
No, not for bites. The statute applies regardless of the dog's past behavior or what the owner knew, so the first bite counts. The owner's knowledge still matters for injuries that are not bites, such as being knocked down.
Do you have to report a dog bite in California?
Reporting rules come from state health regulations and local ordinances, and vary by county. Reporting to animal control or the health department is wise anyway: it starts a rabies check and creates an official record.
What is the 10 day rule for a dog bite in California?
State health rules let the local health officer order a dog that bit someone to be isolated and watched for at least 10 days after the bite, to rule out rabies (California Code of Regulations, title 17, section 2606). A veterinarian can sometimes clear the dog after five days.
What is a typical payout for a dog bite?
There is no typical figure. California law compensates all the harm the bite caused, so value depends on medical bills, lost income, scarring, and pain and suffering. The owner's homeowners or renters insurance often pays.
Can I sue if a dog knocked me down but didn't bite me?
Often, yes, but the bite statute doesn't apply. You would usually need to show the owner was careless, for example by letting the dog run loose, or that the owner knew the dog was dangerous and kept it anyway.
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 section 335.1). If a city, county or other public agency owned the dog, a written claim is due within six months (Government Code section 911.2). For a child, the two-year period usually waits until age 18, but the six-month claim does not.
Can a dog be put down for biting someone in California?
Only in limited cases. After bites on two separate occasions, or a serious bite by a dog trained to attack, a court can order changes up to removing or destroying the dog if necessary (Civil Code section 3342.5).
Sources
- Civil Code section 3342 (dog bite strict liability; police and military dog exemption).
- Civil Code section 3342.5 (owner's duty after a bite; court orders).
- Priebe v. Nelson (2006) 39 Cal.4th 1112 (kennel workers; owner's knowledge of dangerous tendencies).
- Civil Code section 1714 (ordinary care) and section 3333 (measure of damages).
- Labor Code section 3852 (claims against someone other than the employer).
- Food and Agricultural Code section 31602 and section 31603 (potentially dangerous and vicious dogs).
- California Code of Regulations, title 17, section 2606 (rabies reporting and isolation of biting animals).
- California Department of Public Health, Animal Bites (wound care; emergency visit study, 2005 to 2019).
- Code of Civil Procedure section 335.1 and section 352; Government Code section 911.2 and section 945.6 (deadlines).
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