California Dog Bite Laws

California has a dog bite statute that makes owners liable without proof that they knew the dog was dangerous, subject to the defenses written into the law.

California dog bite law at a glance

What California law says

• Civil Code 3342 covers bites in public places or where the victim is lawfully on private property.
• The owner is liable even if the dog never bit before and the owner did not know it was dangerous.
• Government police and military dogs are exempt when used under a written policy.
• Civil Code 3342.5 lets a person sue to have a dog that bit on two occasions removed or destroyed.

Strict liability vs. the one-bite rule

Under a strict liability statute, the owner is responsible for the injury even if the dog never showed aggression before and the owner was careful. The victim does not have to prove the owner knew the dog was dangerous; the main defenses are the ones written into the statute, such as provocation or trespassing.

Dangerous dog rules in California

• A potentially dangerous dog has, among other things, bitten causing less than severe injury or acted aggressively twice in 36 months (Food & Ag Code 31602).
• A vicious dog has caused severe injury or death or continued dangerous behavior after notice (31603).
• Owners must keep the dog indoors or in a securely fenced yard and on a leash with an adult off the premises (31642).
• Fines reach $500 for potentially dangerous dogs and $1,000 for vicious dogs (31662), and owners can be barred from owning a dog for up to 3 years (31646).

Deadline to file a claim

Justia's 50-state survey lists 2 years as the general personal injury deadline (statute of limitations) in California. The clock usually starts on the day of the bite. Different deadlines can apply to claims against a government agency or on behalf of a child, so confirm the deadline for your situation with a licensed attorney.

What to do after a dog bite

1. Get medical care, even for a small puncture; bites can become infected.
2. Get the owner's name, contact details and the dog's rabies vaccination status.
3. Report the bite to local animal control or the health department; many places require it so the dog can be observed for rabies.
4. Photograph the injuries and the location, and write down witness names.
5. Keep medical bills and records of missed work, and talk to an attorney before signing anything from an insurer.

If you own a dog that has bitten someone, follow any confinement order from animal control, keep the dog's rabies vaccination current, and consider working with a trainer or behaviorist. Leash rules are covered in California leash laws.

Sources

1. Michigan State University Animal Legal & Historical Center: California dog laws
2. Justia: Dog bite laws, 50-state survey
3. Michigan State University Animal Legal & Historical Center: Dog bite strict liability statutes