Your dog has just bitten someone on your property; you’re likely in total shock and feel stressed about what to do next. California enforces strict liability here, meaning owners are usually at fault even for a first-time incident. Still, legal blame is never completely automatic.
We created this guide to help you make sense of a chaotic situation. Here, you’ll find a breakdown of local statutes, immediate safety steps to protect everyone involved, what local animal control does next, potential defense arguments, and when it makes sense to call a lawyer.
Understanding California’s Strict Liability Dog Bite Law
Under California Civil Code 3342, you are strictly liable if your dog bites someone in public or while they’re on your private property with your permission. This rule applies even if your pet has zero history of aggression and you had no idea they might snap.
The owner is any legal entity that cares for, feeds, or has custody of the animal, whether a private individual, corporation, or business partnership. Whereas some states follow the one-bite rule, California does not, meaning that the state holds owners liable even for a first incident. In California, the onus is on the owner to take precautions and prevent an injury-causing attack.
Do I Have to Pay If My Dog Bites Someone on My Property Under California Dog Bite Laws?
Typically, yes. Under California Civil Code Section 3342, dog owners are generally responsible when their dog bites someone who was lawfully on public or private property. It does not matter whether you knew your dog was dangerous or had bitten someone before. Exceptions can apply when the person was trespassing or provoked the dog.
If you are responsible for the bite, you can be required to pay for the victim’s medical bills, lost wages, and other losses caused by the injury. Compensation can also include pain and suffering. In many cases, a homeowners or renters insurance policy covers a dog-bite claim, depending on the policy and circumstances. If you do not have insurance coverage for the incident, you are responsible for paying the damages out of pocket.
When Dog Owners Might Not Be Liable
There are recognized exceptions to strict liability under California Civil Code 3342. An owner may avoid strict liability in the following circumstances:
Trespassing
Trespassers and people who actively provoke an animal are generally barred from collecting automatic compensation under the state’s strict liability laws. Nevertheless, the trespasser may file a personal injury claim under general negligence principles if they can prove that the owner did not control the dog, knew the dog was aggressive, or acted intentionally or with blatant disregard.
Provocation
The owner can raise provocation as a defense, even under a strict liability claim. If the owner shows that the victim actively and intentionally provoked the dog by throwing objects at it, pulling its tail, cornering it, kicking it, or hitting it, you may have a defense. However, the provocation defense can be more difficult to establish when the victim is a child typically under 5 because the child’s age and ability to understand the consequences of their conduct are relevant to whether the conduct constitutes provocation.
Assumption of Risk
According to case law (Priebe versus Nelson), professionals such as veterinarians, veterinary technicians, and kennel workers who are bitten while working with a dog can rarely recover damages under the strict liability statute. In this landmark ruling, the court held that these individuals assume the inherent risk of injury as a standard condition of their employment.
What Should You Do Immediately After Your Dog Bites Someone on your property?
If your dog bites someone on your property, the situation can be stressful, but taking the right steps immediately can help protect the injured person, your dog, and your legal interests.
- Secure your dog immediately by placing it in a safe, contained area away from the injured person to prevent further injury or another incident.
- Check on the injured person and help them obtain prompt medical attention for the bite and any related injuries.
- Exchange contact information by obtaining the victim’s full contact details and providing your own so both parties can communicate about the incident.
- Document the incident thoroughly by taking photos or videos of the scene, your dog, and any visible injuries, and writing down what happened while the details are still fresh.
- Avoid admitting fault or discussing liability at the scene, as statements made immediately after the incident could later be used in a legal or insurance claim.
- Provide your dog’s information by giving the victim the dog’s behavioral history and proof of rabies vaccination within the required timeframe.
- Contact animal control or local authorities if required and follow any reporting requirements that apply to the bite.
- Notify your homeowners or renters insurance provider promptly because your policy may provide coverage for liability arising from a dog-bite incident.
- File a liability claim with your insurer and keep copies of emails, letters, claim information, and other communications related to the incident.
- Contact an attorney if the injury is serious or you expect a claim or lawsuit, particularly if there is a dispute about what happened.
If you were not present when the bite occurred, ask the person handling your dog to secure the animal, assist the injured person, exchange contact information, document the scene, and take the necessary steps until you can respond yourself.
What Happens to Your Dog After a Bite?
After your dog bites someone, animal control or local health officials may investigate the incident, check your dog’s vaccination and licensing records, and speak with the victim or witnesses. You may also have to report the bite and follow specific rabies-control requirements.
Animal Control Investigation
Animal control may investigate what happened, check your dog’s vaccination and licensing records, and speak with the people who witnessed the bite. Officials may also ask questions about your dog’s behavior and what happened before the incident.
Dog Bite Reporting Requirements
California law requires certain dog bites to be reported to the local health officer under Title 17 of the California Code of Regulations, section 2606. If the victim receives medical attention, you should report the bite to the appropriate local health department or animal control agency within the required timeframe and provide proof of your dog’s rabies vaccination.
10-Day Rabies Quarantine
A dog that bites someone is generally placed under a 10-day rabies observation period. Depending on the circumstances and local requirements, your dog may be able to complete the observation at home under specific conditions. In higher-risk situations, officials may require quarantine at a veterinary facility or animal shelter.
Can My Dog Be Declared Dangerous?
After a dog bite, local animal control department or law enforcement may investigate whether your dog should be declared dangerous. They may consider how serious the victim’s injuries were, whether your dog has bitten someone before, and the circumstances surrounding the incident. If authorities or a court determine that the dog poses a safety risk, you may have to follow certain rules, such as keeping the dog in a secure enclosure, using a muzzle in public, posting warning signs, or carrying liability insurance.
Being declared a dangerous dog does not automatically mean your dog will be euthanized. In some cases, you can keep your dog as long as you follow the required safety measures. However, if the dog causes serious injuries or poses an ongoing safety risk, the consequences can be more severe. Depending on California law and applicable local ordinances, a court may impose additional restrictions or, in serious cases, order euthanasia.
What If the Victim Was Partially at Fault?
Under the law, an owner can reduce the compensation owed by arguing that the victim was, in some measure, responsible for their injuries. For instance, by ignoring a posted warning sign. Shared fault affects compensation under the pure comparative negligence rule in California law. The court-established percentage of fault may reduce the compensation payable by the owner.
Should a judge or jury determine that the victim’s total damages, such as lost wages, pain and suffering, and medical bills, are $100,000, but find the victim to be 20% at fault, the dog owner would only pay 80% of the total damages.
What Damages Could You Be Responsible For?
The strict liability law applies to several categories of damages, affecting the owner’s financial exposure as the liable party.
- Medical Bills: The liable party is responsible for all medical expenses related to the bite, including emergency treatment, surgery, follow-up care, and any future treatment needs, such as physical therapy and counseling.
- Lost Income: This category covers reduced earning capacity and wages the victim lost while recovering and unable to work.
- Pain and Suffering: Claims may include emotional and physical pain and suffering, lasting trauma, permanent scars or disfigurement, and the negative impact the injury has had on a romantic or spousal relationship.
Legal Defenses Available to Dog Owners
A dog owner’s attorney may argue comparative negligence if the victim was warned but still approached the animal. One can also dispute the severity or cause of the injury, challenge whether the victim was lawfully present at the time of the bite, or argue the professional assumption of risk.
Other options include proving that a third party, such as a dog walker, sitter, or boarding kennel, was in charge of the animal at the time of the bite. Ultimately, consulting a dog bite attorney early helps determine which of these defenses realistically apply to the specific facts of your dog bite case.
When Should You Speak With a California Dog Bite Attorney?
Legal guidance becomes necessary when the dog owner faces a significant claim, a dispute over fault, or a dangerous dog determination. Speak to one of our lawyers straightaway if the victim threatens legal action, if the bite resulted in severe injuries, or if the insurance wants a recorded statement.
Victims who have suffered a serious injury should speak to a lawyer as soon as possible. So, too, when the owner’s insurance disputes the claim or liability is unclear owing to questions about provocation or lawful presence.
Speak With HHJ Trial Attorneys About Your Dog Bite Case
Dog bite cases involve overlapping legal issues, including strict liability and insurance coverage, so finding legal support early helps protect assets and ensure proper claims handling. An experienced attorney will sort through everything to determine which aspects apply to your case. Our lawyers evaluate the facts, review and navigate insurance coverage concerns, gather documentation, and represent clients, whether they are the injured party or the dog owner facing a claim.
We will help build a defense that reduces financial exposure if the dog owner faces a comparative negligence claim, advise on the mandatory rabies quarantine, and guide them through the California animal control reporting process.
Likewise, our dog bite team will seek compensation for the damages or injuries caused to a victim, fight for their rights, and secure the financial compensation they deserve if the owner was negligent or if the insurance company attempts to limit liability. At HHJ Trial Attorneys, we offers a free consultation, and you will not pay a fee unless we win your case. Call 619 465 8733 or contact us via our online contact form.
