Dog Bites in California: Strict Liability and What Your Claim Covers

Quick Answer: California Civil Code § 3342 makes dog owners strictly liable for bite injuries — no proof of prior aggression or owner negligence needed, and no 'one free bite' rule. If the bite happened in public or while you were lawfully on private property, the owner is liable.

The Insurance Information Institute reports that California leads the nation in homeowners-insurance dog-bite claims year after year, with average claim payouts nationally exceeding $60,000 in recent data.

California's Strict Liability Standard

California Civil Code § 3342 imposes strict liability on dog owners for bites that occur in public places or while the victim is lawfully in a private place. You do not need to prove the owner was negligent or that the dog had a history of aggression.

What Strict Liability Means in Practice

Under the common law one bite rule used in some states, a dog owner might escape liability for a first bite. California eliminated this defense. Even if the dog had never bitten anyone before, the owner is responsible for damages.

Damages in Dog Bite Cases

Dog bite victims can recover for: medical expenses including surgery and infection treatment, plastic surgery and scarring treatment, lost wages during recovery, psychological trauma including PTSD and phobias, and pain and suffering.

Statute of Limitations

The two-year statute of limitations applies to dog bite claims in California.

Sources

• California Civil Code § 3342 (dog bite strict liability)
• Insurance Information Institute — Dog Bite Liability