California Dog Bite Laws

California has several statutes affecting dog bite injuries. You can receive compensation for your injuries as a dog bite victim under the state’s civil laws regarding negligence.

What Is California’s Dog Bite Law?

California Civil Code § 3342 establishes that a dog owner is liable for any damages that a dog bite victim suffers.

Notably, a bite has to occur for this law to apply. A dog may scratch or bruise someone by knocking them over, but non-bite injuries may make the owner responsible under simpler negligence rules instead. Victims of dog attacks who weren’t bitten thus may file a claim against a dog owner who didn’t properly control or handle their animal.

Also, the skin does not have to be broken for a claim to be brought under California’s dog bite laws.

California’s Strict Liability Rule

California is unlike most other states with a one-bite rule, which establishes that an owner would not be liable for a dog bite unless the dog had bitten someone before. California instead is a strict liability state that makes a dog owner liable for the damages of a victim, even if it’s the first time the dog has injured a person in its life.

Strict liability holds a dog owner liable for their conduct regardless of whether or not they were acting negligently. Dog bite victims do not have to prove the defendant’s negligence. Even if a defendant has done all they can to prevent their dog from biting a person, when a bite happens, they are still responsible for paying the victim.

The California dog bite statute identifies owners as automatically liable. However, there are circumstances where another individual in control of a dog, like a dog walker, may be held liable.

Exceptions in California’s Dog Bite Law

There are exceptions to California’s strict liability rule for dog bites. They include:

• A victim is trespassing unlawfully on a private property
• The dog was in law enforcement
• The victim is in a profession that assumes the risk of being bitten, like a veterinarian or dog trainer
• A victim is partially at fault for the bite by provoking or hurting the dog

These can be used as potential defenses for an owner to avoid being strictly liable for a dog bite.

Negligence Per Se for Dog Bites in California

Dog owners are responsible for keeping their dog under control in public places. Certain counties have ordinances that require dogs to be on physical restraints. Violations of these “leash laws” can make an owner liable under the theory of negligence per se.

Dog Bite Liability for Landlords in California

California courts have established that a landlord could be liable for their tenants’ dogs when they bite an individual. They are:

1. When a landlord has actual knowledge of a tenant-owned dog with dangerous propensities and had the duty of care to remove it from the premises.
2. When a landlord fails to maintain control of the premises where a tenant-owned dog lives, such as when a dog escapes the landlord’s property because of property defects, like poor-quality fencing.

Help With Understanding California Dog Bite Laws

Call our California dog bite attorneys if you’ve suffered an injury by a dog. We would be happy to guide you in filing a claim against a liable party. Contact us via 844-888-2483 or our online form.