California has some of the most strict and victim-friendly dog bite laws in the country. If you or your child has been bitten, you may have the right to pursue compensation—even if the dog never showed aggression before. At The Law Office of Brent D. Rawlings, they help victims understand their legal options and fight for fair compensation after these traumatic incidents – www.ourclientswin.com
Here’s what you need to know about dog bite liability, legal standards, and what to do next.
California’s Strict Liability Rule
Under California Civil Code § 3342, dog owners are strictly liable for injuries caused by their dogs in most situations. This means:
The owner is legally responsible for a bite, even if the dog had no history of aggression and the owner took reasonable precautions.
To win a dog bite claim, you don’t need to prove the dog was dangerous or that the owner was negligent. You only need to show:
- The defendant owned the dog
- The dog bit you
- You were in a public place or lawfully on private property
That’s it—no “one bite rule,” no requirement to prove recklessness. If these conditions are met, the owner is on the hook for damages.
While the law is strict, there are exceptions. A dog owner may not be liable if:
- The victim was trespassing at the time of the attack
- The bite happened while the dog was performing military or police work
- The victim provoked the dog (e.g., hitting or teasing it)
- The victim assumed the risk in specific contexts (e.g., veterinarians)
- These defenses are rare but may be raised to reduce or block compensation.
What If the Dog Didn’t Bite But Still Caused Injury?
California’s strict liability law applies only to bites. However, if a dog causes injury without biting—for example, knocking someone over—you may still pursue a claim under general negligence laws.
- In those cases, you must prove the owner:
- Failed to control or restrain the dog
- Knew or should have known the dog was a risk
- Allowed the dog to behave in an unsafe way
These cases require more legal work and evidence but can still lead to successful compensation.
Who Can Be Held Responsible?
The primary liability is with the dog’s owner, but other parties may also share responsibility, such as:
- Landlords, if they allowed a known dangerous dog on the property
- Dog walkers or pet sitters, if they were negligent in handling the dog
- Property managers or businesses, if the attack happened in a place under their control
Each case depends on who had custody or control over the animal and what steps they did—or didn’t—take to prevent harm.
Dog bites often cause serious physical, emotional, and financial harm, especially in children. If you’ve been bitten, you may be entitled to damages for:
- Emergency and follow-up medical treatment
- Plastic or reconstructive surgery
- Physical therapy and rehabilitation
- Lost wages and reduced earning capacity
- Pain and suffering
- Scarring or disfigurement
- Emotional distress, including PTSD or anxiety around animals
- Loss of quality of life
In cases involving extreme negligence or illegal activity (like failing to leash a known dangerous dog), punitive damages may also apply.
What to Do After a Dog Bite in California
If you or a loved one is bitten, take these steps:
- Get medical care immediately – even if the bite seems minor. Dog bites can lead to infections and other complications.
- Identify the dog and its owner – collect names, contact info, and vaccination records if possible.
- Report the bite – to local animal control or law enforcement. This creates a public record.
- Photograph injuries – and the location of the incident.
- Avoid giving statements to the dog owner’s insurance without legal help.
- Contact a personal injury lawyer – to protect your rights and build your claim.
In California, the statute of limitations for personal injury—including dog bite cases—is generally two years from the date of the incident. If the victim is a child, the timeline is extended until two years after their 18th birthday.
Still, the sooner you act, the better. Evidence fades, witnesses disappear, and insurance companies grow more difficult over time.
Dog owners have a legal—and moral—obligation to protect others from harm. When they fail to do so, the law allows victims to recover for the damage done. If you or a loved one has been bitten, don’t ignore the pain or let the incident go unchallenged.
Strict liability means you don’t have to fight uphill—but you do need to act. Let an experienced personal injury attorney help you build a strong claim and move forward with confidence.
