LOS ANGELES DOG BITE
LAWYERS

California's strict liability statute

Many states apply a "one bite rule," under which an owner isn't liable for a first attack unless they knew the dog was dangerous. California rejected that approach.

Civil Code section 3342 provides that a dog owner is liable for damages when their dog bites someone in a public place or while the person is lawfully on private property — including the owner's own property — regardless of the dog's former viciousness or the owner's knowledge of it.

Practically, this means we generally don't have to prove the owner did anything wrong, or that the dog had a history. We have to prove the dog bit you and that you were lawfully where you were.

What the statute does and doesn't cover

It covers bites. The statute is specific to bite injuries.

It doesn't cover every dog-caused injury. If a dog knocks you off a bicycle, jumps on you and causes a fall, or runs into the road and causes a collision, section 3342 may not apply — but an ordinary negligence claim under Civil Code section 1714 usually does. Those claims require showing the owner failed to use reasonable care, which is a different showing but frequently straightforward, particularly where leash laws were violated.

Exceptions. The statute generally doesn't protect trespassers. It also has provisions relating to military and police dogs performing their duties.

Who can be liable besides the owner

• Landlords, in limited circumstances. California requires actual knowledge of the dog's dangerous propensity and the ability to remove the dog — for example, by not renewing a tenancy. A landlord who knew about an aggressive dog and did nothing may be liable.
• Property owners and businesses, where a dog was permitted on premises.
• Dog walkers, sitters, kennels, and groomers, who may have their own negligence exposure and their own insurance.
• Parents, where a minor owns or controls the dog.

Insurance

This is the thing people most often don't know, and it's why they hesitate to pursue a claim against a neighbor or friend.

Homeowner's and renter's insurance policies typically cover dog bite liability. The claim is usually paid by the carrier, not by the person personally. Some policies exclude specific breeds or dogs with a bite history, so the policy language matters.

Renters frequently have coverage they've forgotten about. It's always worth checking.

Children

Children are bitten more often than adults, and they're bitten differently — on the face, head, and neck, because of their height relative to the dog. That produces scarring, nerve damage, and reconstructive surgery needs that can extend for years, plus psychological injury that's frequently the most lasting harm.

Two things matter specifically in children's cases:

What to do after a bite

• Get medical attention — dog bites carry serious infection risk regardless of how the wound looks.
• Report the bite to LA County Animal Care and Control or your local animal control agency, which creates an official record and triggers rabies observation requirements.
• Identify the owner and get their contact and insurance information.
• Photograph the injuries immediately and as they heal.
• Get witness information.
• Preserve the clothing you were wearing.