Nearly 20,000 dog bites occur in Los Angeles County each year. The LA Times reports that 48,600 people visited California emergency rooms in 2022 because of dog bites, and 64 percent of those victims were children.
According to the California Department of Public Health, most dog bites involve dogs that are familiar and owned. About half of all bites happen in the dog’s home, while the other half occur in public places, including sidewalks, streets, and parks.
Our experienced San Bernardino dog bite lawyers explain the specific laws in California concerning dog bites.
What You Should Know About California Dog Bite Laws and the One Bite Rule
Dog bite incidents in California continue to be a significant concern, but victims have important legal rights. California’s dog bite laws protect your ability to pursue compensation.
Dog ownership and the one bite rule
You may have heard of the “one bite rule,” which suggests that a dog gets one free bite before the owner can be held liable. While some states follow this rule, California does not.
There is no one bite rule in California. Instead, California law states that a dog owner can be liable the very first time the dog bites someone.
LA Century Law explains how the one bite rule works, why it does not apply in California, and what victims should know.
Does the One Bite Rule Apply in California?
No. The one bite rule does not apply in California. Instead, California follows strict liability for dog bites.
Strict liability means a dog owner can be held responsible for a bite even if the dog has never shown aggression before and even if the owner had no reason to believe the dog might bite. In these cases, liability still applies.
Understanding California’s Strict Liability Dog Bite Law
California’s strict liability dog bite law is found in California Civil Code § 3342. It states that an owner is liable for a dog bite “regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”
Situations Where Dog Owners Are Automatically Liable
Examples of situations where a dog owner is automatically liable include:
- A dog bites a postal worker, delivery driver, or utility worker who is lawfully on the property.
- A dog bites a contractor or service provider such as a plumber, exterminator, construction worker, or repair technician.
- A friend or relative invites you to their home, and their dog bites you.
- A dog running at large bites someone on a street or sidewalk.
- A bite occurs in a public park, whether or not the dog is leashed.
While strict liability applies in these circumstances, there are still narrow exceptions and defenses.
Exceptions to Dog Bite Liability in California
Strict liability may not apply in the following situations:
- The dog is a law enforcement or military dog acting within the scope of duty.
- A veterinary professional is injured while providing care (see Nelson v. Hall, 1995).
- The victim provoked or instigated the attack.
- The victim was trespassing. Liability is still possible, but uncommon.
- If a dog attacks but does not actually bite, negligence rather than strict liability may apply.
A lawyer can review the circumstances of your case to determine whether any exceptions are relevant.
How Prior Aggressive Behavior Can Affect Your Claim
Although you do not need to show a history of aggression to bring a dog bite claim, such history can influence your case. If a dog owner fails to take reasonable precautions with a dog known to be aggressive, punitive damages may be possible. Prior aggression may also create liability for others, such as a landlord or dog sitter.
A history of aggression may also affect actions taken by animal control or health officials under California Civil Code § 3342.5.
What Evidence Helps Prove a Dog Bite Case?
Evidence that may strengthen a dog bite claim includes:
- Records confirming dog ownership
- Information about where and when the bite occurred
- Work logs, photos, or messages showing the victim was lawfully on the property
- Photos of injuries as they heal, including scars and disfigurement
- Documentation of steps taken by the owner or others to restrain or control the dog
- The victim’s account of what happened
- Medical bills and treatment records
- Work and income records
- Expert opinions regarding the long-term impact of injuries
An LA Century Law San Bernardino dog bite lawyer can gather and prepare the evidence needed for your case.
Compensation Available in California Dog Bite Claims
Dog bite claims are civil cases, meaning victims may receive monetary compensation. Damages can include:
- Medical expenses
- Lost income
- Pain and suffering
- Scarring or disfigurement
- Reduced mobility or impairment
- Other documented losses
The goal is to compensate victims for the financial and personal impact of the injury.
Why You Should Hire a San Bernardino Dog Bite Lawyer
A San Bernardino dog bite lawyer can help you pursue compensation by:
- Evaluating liability
- Investigating insurance coverage
- Valuing the claim
- Preparing legal documents
- Representing you in hearings and negotiations
- Moving the case forward efficiently
- Providing clear legal guidance
Many dog bite claims involve insurance coverage such as homeowner’s insurance, renters’ insurance, or general liability insurance.
Talk to a San Bernardino Dog Bite Lawyer
At LA Century Law, we help dog bite victims recover compensation under California law. With a 99 percent success rate and offices in San Bernardino, we are committed to helping victims and families get justice. We represent both adults and children. Contact us for a free consultation.