Michael Pines | April 8, 2026 | Dog Bites \ Personal Injury
Dog bites can lead to serious physical injuries, emotional trauma, and unexpected medical expenses. If you or a loved one has been bitten by a dog in California, it’s important to understand your rights under the law.
California follows a strict liability rule for dog bites under California Civil Code Section 3342 – which means dog owners are typically responsible for bite injuries, regardless of the dog’s past behavior or the owner’s knowledge of aggression.
This guide breaks down what that means and answers some of the most common questions about dog bite laws in California.
What Does “Strict Liability” Mean?
Unlike some states that follow a “one-bite rule,” California law is much more straightforward. Under § 3342:
- A dog owner is liable even if the dog has never bitten anyone before
- The victim does not have to prove the owner knew the dog was dangerous
- Liability applies automatically if certain conditions are met
This makes it easier for victims to pursue compensation compared to traditional negligence-based claims.
When Is a Dog Owner Liable?
A dog owner is liable for a bite injury if:
The Bite Occurred in a Public Place
Examples include:
- Sidewalks
- Parks
- Beaches
- Public streets
The Victim Was Lawfully on Private Property
This includes individuals who are:
- Guests or invitees
- Delivery drivers (e.g., Amazon, UPS)
- Maintenance workers or contractors
If you were legally on the property when the bite occurred, the owner can be held responsible.
What Damages Can Dog Bite Victims Recover?
Victims of dog bites in California may be entitled to compensation for:
- Medical expenses (including future treatment or surgeries)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress or trauma
- Scarring and disfigurement
Because dog bites often involve visible injuries, claims can be significant – especially in cases involving children.
Are There Any Exceptions to Strict Liability?
Yes, there are a few important exceptions:
- Trespassing. If the injured person was unlawfully on private property, the dog owner may not be liable.
- Police or Military Dogs. If the dog was performing official duties (e.g., law enforcement work), liability may be limited in certain situations.
- Non-Bite Injuries. Strict liability under § 3342 specifically applies to bites. If a dog causes injury without biting (e.g., knocking someone over), the case may fall under general negligence laws instead.
Statute of Limitations in California
In California, dog bite victims generally have 2 years from the date of the injury to file a personal injury lawsuit.
Failing to file within this time frame can result in losing your right to recover compensation.
Frequently Asked Questions (FAQs)
Do I have a case if the dog never bit anyone before?
Yes. California’s strict liability law means prior behavior does not matter. The owner can still be held liable.
What if I was partially at fault?
California follows pure comparative negligence, which means:
- You can still recover damages
- Your compensation may be reduced based on your percentage of fault
What if the bite happened at a friend’s house?
You may still have a valid claim.
Dog bite claims are often covered by homeowner’s insurance, meaning compensation typically comes from insurance – not directly from your friend.
Can landlords be held liable for dog bites?
In some cases, yes. A landlord may be liable if:
- They knew a dangerous dog was on the property
- They had the ability to remove or control the situation
- They failed to take reasonable action
What should I do after a dog bite?
If you’ve been bitten by a dog, take these steps:
- Seek medical attention immediately
- Report the incident to local animal control
- Document injuries (photos, medical records)
- Get contact information from the dog owner and witnesses
- Speak with a personal injury attorney
Do I need a lawyer for a dog bite case?
While not required, having a lawyer can help:
- Prove liability and damages
- Deal with insurance companies
- Maximize your compensation
Dog bite cases may seem straightforward, but insurers often try to minimize payouts.
California Protects Dog Bite Victims
California Civil Code § 3342 provides strong protections for dog bite victims through its strict liability standard.
If you were bitten while in a public place or lawfully on private property, the dog owner is likely responsible – regardless of the dog’s history.
Understanding your rights is the first step toward recovery.
Injured by a Dog Bite? We’re Here to Help.
At Pines Salomon Personal Injury Lawyers, our San Diego dog bite injury lawyers help dog bite victims across San Diego navigate California’s laws and pursue the compensation they deserve.
If you or a loved one has been injured in a dog attack, contact us for a free consultation – and let us help you move forward with confidence.
We proudly serve San Diego, San Diego County, and its surrounding areas:
Pines Salomon Injury Lawyers – San Diego Office
835 5th Avenue #302, San Diego, CA 92101
(858) 551-2090
Available 24/7
Pines Salomon Injury Lawyers – La Jolla Office
4660 La Jolla Village Dr. San Diego, CA 92122
(858) 585-9031
Available 24/7