This article provides general legal information about California dog bite law. It does not provide legal advice. Consult a licensed California attorney for advice specific to your situation.
Complete text and legal analysis of California's dog bite strict liability statute, including the public place and lawful private property elements, the trespass and provocation defenses, and the separate theory for negligence claims outside the strict liability statute.
California's dog bite law is governed primarily by Civil Code Section 3342, which establishes strict liability for dog owners whose dogs bite persons in public places or on lawfully accessed private property. The statute requires no proof of prior viciousness, no proof of the owner's knowledge of danger, and no proof of negligence. The victim must establish only that they were bitten, that the defendant owned or harbored the dog, and that the victim was lawfully present at the location of the bite.
The two recognized defenses — provocation and trespass — are the primary avenues for reducing or eliminating the dog owner's strict liability. Provocation requires the victim's affirmative threatening action toward the dog, not merely passive presence. Trespass requires that the victim entered private property without permission, invitation, or legal authority. California's pure comparative fault system from Li v. Yellow Cab Co. interacts with both defenses to reduce (but not necessarily eliminate) recovery when partial fault exists.
The statute of limitations for California dog bite claims is two years from the date of the bite under CCP Section 335.1. For minor victims, the period is tolled until age 18 under CCP Section 352. Government entity bites require a written administrative claim within six months under Government Code Section 945.4. Missing any applicable deadline results in permanent loss of the civil claim.
Damages in California dog bite cases include: all economic damages (medical expenses through future scar revision surgeries, lost wages, lost earning capacity) with no cap; non-economic damages (pain, suffering, emotional distress, disfigurement) with no cap in personal injury cases; and punitive damages under Civil Code Section 3294 when the owner had actual knowledge of the dog's dangerous propensities and acted with conscious disregard for public safety.
Most California dog bite claims are resolved through the dog owner's homeowner's or renter's insurance. Breed-specific exclusions and prior bite exclusions in some policies can deny coverage. When coverage is denied, the civil action proceeds against the owner's personal assets. For serious cases, landlord liability (when the landlord had knowledge of the dog's dangerous tendencies) may provide an additional recovery source.