Dog Bite / Attack
California Civil Code Section 3342 imposes strict liability on dog owners for bites that occur in public places or lawfully on private property. No prior viciousness history is required. The...
Dog Bite / Attack guide →Legal Information Notice
This page provides general legal information about knocked down by dog (no bite) claims in California. It does not provide legal advice. Consult a licensed California attorney for guidance specific to your situation.
Knocked Down by Dog (No Bite) Under California Law
If a dog knocked you down, jumped on you, or caused a fall without biting, California Civil Code Section 3342's strict liability statute does not apply — it is limited to bites. The claim proceeds under general negligence: the owner's duty to control the dog, breach of that duty, and causation of the fall injury. Local leash laws create negligence per se if the dog was off-leash in a leash-required area.
California Civil Code Section 3342 imposes strict liability on dog owners for bites occurring in public places or on lawfully accessed private property. No prior bite history is required — the owner is liable from the first bite. This strict liability framework places the burden on the owner, not the victim, to prevent dog bites.
Liability Analysis: Knocked Down by Dog (No Bite)
The strict liability elements under Civil Code Section 3342 are: (1) the defendant owned or harbored the dog; (2) the dog bit the plaintiff; and (3) the plaintiff was in a public place or lawfully on private property. For knocked down by dog (no bite) situations, the most contested element is typically the third — whether the victim was lawfully present — or the provocation defense raised by the owner.
General negligence claims can supplement or replace strict liability when the specific facts place the claim outside Section 3342's scope (e.g., the victim was a trespasser, or the injury was a knock-down rather than a bite). Local leash ordinance violations establish negligence per se in these negligence-based claims.
"The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness."
Owner Defenses in Knocked Down by Dog (No Bite) Cases
The two recognized defenses to California Civil Code Section 3342 strict liability are provocation and trespass. Provocation requires showing the victim took affirmative threatening action toward the dog that caused the dog to react defensively. Accidental contact, passive presence, and reactions to the dog's own threatening behavior are not legal provocation. Trespass requires showing the victim had no permission, invitation, or legal authority to be on the property.
California's pure comparative fault system interacts with both defenses: partial provocation may reduce but not eliminate recovery, while complete provocation or confirmed trespass can bar recovery under the strict liability statute (though negligence claims may remain).
Damages Available: Knocked Down by Dog (No Bite) in California
California dog bite civil claims recover: past and future medical expenses (emergency care through future scar revision procedures); lost wages and earning capacity; and non-economic damages (pain, suffering, emotional distress, disfigurement, loss of enjoyment of life). No cap applies in personal injury cases. For serious disfigurement, particularly facial bites on children, non-economic damages can be substantial. Punitive damages under Civil Code Section 3294 require proof of the owner's conscious disregard for known danger.
Statute of Limitations: Knocked Down by Dog (No Bite) Claims in California
Two years from the date of the bite under CCP Section 335.1. For minor victims, tolled until age 18 under CCP Section 352. Government entity bites: six-month administrative claim under Government Code Section 945.4 before any lawsuit.
Critical Evidence in Knocked Down by Dog (No Bite) Cases
- Animal control report — File a report with local animal control on the date of the bite; the report documents the incident, the dog's identity, the owner's information, and any prior complaint history for the dog
- Photographs of injuries — Photograph all wounds immediately and at each subsequent stage of healing, including after scar formation
- Dog's vaccination and licensing records — Establishes the dog's vaccination status for rabies evaluation and documents the owner's responsible ownership history
- Witness statements — Names and contact information for everyone who witnessed the bite or the circumstances leading up to it
- Medical records — Emergency care records, wound closure documentation, infection treatment, psychiatric consultation if PTSD develops
- Prior complaint history — Animal control records of any prior complaints, bites, or dangerous dog proceedings for the specific dog
- Property context — Establish that you were in a public place or lawfully on private property at the time of the bite
- Insurance information — The owner's homeowner's or renter's insurance policy details; request from the owner at the scene if possible
Frequently Asked Questions — Knocked Down by Dog (No Bite)
Can I sue if a dog knocked me down but didn't bite me?
Yes, but not under California Civil Code Section 3342's strict liability statute, which is limited to bites. The claim proceeds under general negligence: the owner owed a duty of care to control the dog, breached that duty by allowing the dog to jump on or knock down a person, and caused the resulting injuries. If the dog was off-leash in an area requiring a leash, the leash law violation establishes negligence per se.
What is negligence per se in a knocked-down-by-dog case?
Most California cities and counties require dogs to be on leash in public areas. If a dog knocks someone down while off-leash in a leash-required area, the owner's violation of the leash law establishes negligence per se — the violation satisfies the negligence element of the civil claim without requiring the plaintiff to separately prove unreasonable conduct.
What if the dog was being friendly and just knocked me down accidentally?
The dog's intent is irrelevant to California negligence law. The question is whether the owner exercised reasonable care to prevent the dog from knocking someone down. A large, exuberant dog known to jump on people creates a foreseeable risk of injury, and the owner's failure to control the dog in public places is unreasonable regardless of the dog's friendly disposition.
What injuries are common when a dog knocks someone down?
Wrist fractures (from instinctive outstretched-hand landing), hip fractures (particularly in older adults), shoulder injuries from bracing the fall, head and facial injuries from concrete or pavement impact, and knee injuries. Elderly victims face disproportionate injury severity from dog-knock-down incidents.
Is a homeowner's insurance policy liable if a dog knocks someone down?
Yes, typically. Homeowners' and renters' insurance policies include personal liability coverage for bodily injury to third parties caused by the insured. Most policies cover dog-related bodily injury claims, including knock-down injuries, though some policies have breed-specific exclusions.
How long do I have to sue after being knocked down by a dog in California?
Two years from the date of injury under CCP Section 335.1. The same statute of limitations applies to both strict liability dog bite claims and general negligence claims for dog knock-down injuries.
Related Situations
Unprovoked Dog Attack
An unprovoked dog attack with no prior warning and no threatening behavior from the victim is the clearest case under California Civil Code Section 3342. When the owner cannot raise the prov...
Unprovoked Dog Attack guide →Child Bitten by Dog
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