One Bite Rules in California

Does California have a “one bite” rule?

While other states may offer the benefit to dog owners that they don’t have full liability when their dog has never bitten or attacked someone before, California is a state with an exception.

A one bite rule which would apply in cases where a dog was never known to be dangerous in the past.

Instead, California’s strict liability rule for dog bites goes back to 1931 in an enacted law titled California Civil Code 3342. This code of law is the main dog bite law in California and is wider-reaching than the one bite rule.

However, note that some cases do fall inside the scope of California’s one bite rule when strict liability doesn’t apply to dog owners.

Understanding California’s statutes on how the strict liability rule may apply to your case is complicated. Working with an experienced California dog bite attorney is in your best interest to receive compensation from the insurance company when liability isn’t clear-cut.

How One Bite Rules Differ From California’s Strict Liability Rules

The one bite rule requires proof that an owner should have taken precautions when it was known that their dog was dangerous.

Strict liability rules will always hold a dog owner liable even if it’s the first bite or the owner exercised every precaution they could. Therefore, no matter a dog’s history, the owner is responsible for the person’s damages whenever an attack or bite occurs.

For dog bite cases in California, recoverable damages include a victim’s pain and suffering, lost wages and earning capacity, medical costs including rehabilitation, permanent scarring and disfigurement, and emotional trauma. Punitive damages are very rare, but can be awarded for malicious acts like when an owner purposefully commands a dog to attack.

Defenses to Strict Liability for Dog Owners

• The individual being sued is not the owner
• The victim was trespassing on the owner’s property
• The victim is in a profession with known risks for dog bites
• The dog was performing duties in law enforcement
• The victim’s provocation of the dog made them partially at-fault for their injuries

Any of these exceptions would prevent the dog owner from being automatically strictly liable, though victims can still claim compensation by successfully proving an owner’s negligence.

Where the One Bite Rule May Apply

A dog who has bitten somebody before may be used to establish liability in some cases. For example, if a victim is bitten by a dog owned by an apartment complex tenant with no insurance, the injured can sue the apartment complex if the property knew of a dog’s bite history but did nothing to remove the dog and its owner from the premises.

If you’ve been bitten or attacked by a dog in California, contact a dog bite lawyer right away. There is a two-year statute of limitations for dog bite injuries in California. If you suffered a dog bite and hadn’t provoked the dog, you may have the grounds to file a compensation claim.

Our dog bite attorneys have the legal resources and experience to help your dog bite case and recover the compensation you deserve. Get in touch with us by phone or online today.