California has some of the most victim-friendly dog bite laws in the United States. Unlike states that follow the “one-bite rule,” which requires proof that a dog had a history of aggression, California enforces a strict liability standard for dog bite injuries. This means that dog owners are automatically responsible for damages caused by their dog, regardless of whether the dog has shown prior aggression. Understanding how strict liability works in California can help victims of dog attacks protect their rights and pursue compensation effectively.
1. What Is Strict Liability?
Strict liability means that a dog owner is legally responsible for any injuries their dog causes, even if:
- The dog has never bitten anyone before.
- The owner had no knowledge that the dog could be dangerous.
- The owner took reasonable precautions to prevent the bite.
Under strict liability, the victim does not have to prove that the owner was negligent—they only need to prove that:
- The dog bit them.
- The bite caused injuries.
- The bite occurred while they were lawfully present in a public place or on private property.
2. California Civil Code § 3342: The Dog Bite Law
California’s strict liability dog bite law is found in California Civil Code Section 3342.
Key Provisions of the Law
- Automatic Liability: Dog owners are responsible for any injuries caused by their dog’s bite.
- No Prior Aggression Required: Even if the dog has never been aggressive before, the owner is still liable.
- Location Matters: The victim must have been lawfully on public property or private property with permission.
- Provocation Exception: If the victim provoked the dog, the owner may not be held liable.
This means that if a dog bites someone, the owner is automatically responsible for medical bills, lost wages, and other damages—even if the dog has never been aggressive before.
3. What Does Strict Liability Cover?
Under strict liability, victims can recover compensation for damages, including:
Economic Damages (Financial Losses)
- Medical expenses (emergency care, surgery, physical therapy)
- Lost wages (if the injury prevents the victim from working)
- Future medical costs (if the injury requires long-term treatment)
Non-Economic Damages (Pain and Suffering)
- Pain and emotional distress
- Permanent scarring or disfigurement
- Psychological trauma (PTSD, fear of dogs)
Punitive Damages (In Extreme Cases)
- If the dog owner acted recklessly (e.g., knowingly letting an aggressive dog run loose), the court may award punitive damages to punish them.
4. Exceptions to Strict Liability in California
While California’s strict liability law protects victims, there are a few exceptions where the owner may not be held responsible.
1. Trespassing Victims
- If the victim was illegally trespassing on private property at the time of the bite, the owner is not liable.
- However, if the victim was invited onto the property (e.g., a mail carrier or guest), the owner is still responsible.
2. Police and Military Dogs
- If a police or military dog bites someone while performing official duties, the owner (law enforcement agency) is not liable.
- However, if the dog bites someone outside of an official situation, the victim may still have a claim.
3. Provocation Defense
- If the victim provoked the dog, the owner may argue that they should not be held liable.
- Examples of provocation include hitting, teasing, or threatening the dog before the attack.
4. Non-Bite Injuries Are Not Covered Under Strict Liability
- If a dog knocks someone down, causing injury, strict liability does not apply.
- However, the victim may still file a negligence claim against the dog owner.
5. How Strict Liability Differs from Negligence in Dog Bite Cases
Strict Liability Cases:
- The victim only needs to prove that they were bitten and that the owner was legally responsible.
- The owner cannot claim they didn’t know the dog was dangerous.
- The case is usually easier to prove compared to negligence claims.
Negligence-Based Cases:
- If the injury was caused by something other than a bite (e.g., a dog knocking someone down), the victim must prove negligence.
- The victim must show that the owner failed to take reasonable precautions (e.g., failing to leash a dangerous dog).
6. Steps to Take If You Are Bitten by a Dog in California
If you are bitten by a dog, take immediate action to protect your health and legal rights.
1. Seek Medical Attention Immediately
- Clean the wound with soap and water.
- Visit a doctor to prevent infection, rabies, or tetanus.
- Keep all medical records and receipts.
2. Identify the Dog and Its Owner
- Obtain the owner’s name, address, and contact information.
- Ask about the dog’s vaccination history, especially for rabies.
3. Document the Attack
- Take photos of your injuries, the dog, and the attack location.
- Get witness statements and contact information.
4. Report the Bite to Local Authorities
- Contact Animal Control to report the bite.
- This helps determine if the dog is a repeat offender or a public safety risk.
5. Contact a Dog Bite Lawyer
- A dog bite lawyer in San Diego can help you file a claim for compensation.
- Most attorneys work on a contingency fee basis, meaning you only pay if you win.
7. Can a Landlord Be Held Liable for a Tenant’s Dog?
In some cases, a landlord may also be responsible for a dog bite if:
- They knew the dog was dangerous but did not remove it.
- The attack happened in a common area (e.g., apartment complex courtyard).
If a landlord failed to act on complaints about a dangerous dog, they may be liable for damages.
8. Why Hiring a Lawyer Can Help
Even though California’s strict liability law makes it easier to hold dog owners accountable, insurance companies often try to minimize settlements. A dog bite lawyer can:
- Negotiate a fair settlement with the dog owner’s insurance.
- Prove the extent of your damages (medical costs, lost wages, emotional distress).
- File a lawsuit if the insurance company refuses to pay.
Conclusion
California’s strict liability dog bite law protects victims by holding dog owners fully responsible for bite-related injuries, even if the dog has no prior history of aggression. If you or a loved one has been bitten, it is crucial to seek medical attention, document the attack, and report it to local authorities. Understanding your rights under California Civil Code § 3342 can help you pursue fair compensation for your injuries. If the dog owner or their insurance company disputes your claim, consulting a dog bite attorney can ensure you receive the compensation you deserve.
References
- California Civil Code § 3342. (2023). California’s strict liability dog bite law. Retrieved from https://leginfo.legislature.ca.gov
- California Department of Public Health. (2023). Dog bite reporting and rabies prevention guidelines. Retrieved from https://www.cdph.ca.gov
- San Diego County Animal Services. (2023). Dog bite reporting procedures. Retrieved from https://www.sddac.com
- California Department of Insurance. (2023). Understanding homeowners’ insurance and dog bite liability. Retrieved from https://www.insurance.ca.gov
- American Veterinary Medical Association. (2023). Dog bite risks and prevention strategies. Retrieved from https://www.avma.org