California Dog Bite Laws

What Is Strict Liability?

Under California Civil Code Section 3342, California follows a "strict liability" rule for dog bites. This means the dog owner is liable for damages caused by their dog biting someone, regardless of:

• • Whether the dog has bitten anyone before
• • Whether the owner knew the dog was dangerous
• • Whether the owner took precautions

You only need to prove: (1) the dog bit you, and (2) you were in a public place or lawfully on private property when the bite occurred.

When Does Strict Liability Apply?

One-Bite Rule vs. Strict Liability

Many states follow the "one-bite rule," which gives dog owners a free pass for the first bite. California does NOT follow this rule. Under California law, a dog owner is liable from the very first bite — no exceptions.

Statute of Limitations

In California, you generally have 2 years from the date of the dog bite to file a personal injury lawsuit. For minors, the statute of limitations is tolled (paused) until the child turns 18.

However, it's important to act quickly — evidence can disappear and witnesses' memories fade. Contact an attorney as soon as possible after a dog bite.

Defenses Dog Owners May Raise

• Provocation: The owner may claim you provoked the dog. However, normal interactions (petting, walking nearby) are not considered provocation.
• Trespassing: If you were trespassing, strict liability may not apply.
• Assumption of Risk: If you voluntarily assumed the risk (e.g., working as a veterinarian), the owner may argue reduced liability.