Personal injury guide
California Dog Bite Law
California owners are strictly liable for most bites in public places or where the victim was lawfully present, even if the dog never bit before.
The short answer
Owners are strictly liable
California holds dog owners to a strict standard for bites. In most cases, an owner is responsible for a bite even if the dog never bit anyone before and the owner did nothing careless.
That rule makes many bite claims simpler to prove than other injury claims. The harder questions are usually about the injury: how serious it is, what treatment it needs, and whether it will leave scars.
Most bite claims are paid by the owner’s homeowner’s or renter’s insurance, not from the owner’s own pocket.
Strict liability does not make every claim simple. Insurance companies still look closely at how the bite happened, the medical records, and whether scarring will be permanent, and those details shape what a claim is worth.
The steps you take in the first days after a bite matter for both your health and the claim.
This guide covers when the strict liability rule applies, its exceptions, how bite severity is described, and what to do after a bite.
1. The strict liability rule
Under California law, a dog’s owner is responsible when the dog bites a person in a public place, or a person who is lawfully on private property, including the owner’s own home. It does not matter whether the dog had bitten anyone before or whether the owner knew it was dangerous. The bite does not have to break the skin.
2. Exceptions and defenses
Trespassers cannot rely on the strict liability rule, although they may still have a claim if the owner was negligent or knew the dog was dangerous
A person who provoked the dog may have the recovery reduced
Veterinarians, groomers, and kennel workers may be limited in their claims
Police and military dogs are covered by special rules when performing certain duties
3. Injuries without a bite
Being knocked down, chased into traffic, or scratched is not a bite, so the strict liability rule does not apply. Those claims depend on showing that the owner was careless, for example by violating a local leash law, or that the owner knew the dog was dangerous. A landlord who knew about a dangerous dog on the property may also share responsibility.
4. Dog bite levels
Bites are often described using a six-level scale developed by veterinarian Ian Dunbar:
Level 1: the dog snaps or lunges but does not touch the skin
Level 2: teeth touch the skin but do not puncture it
Level 3: one to four shallow punctures from a single bite
Level 4: one to four punctures from a single bite, at least one deep, often with bruising or tearing
Level 5: multiple bites at level 4, or an attack
Level 6: a bite that causes death
Higher levels usually mean deeper wounds, a greater risk of infection, and a greater chance of surgery and scarring. The scale describes the bite; it does not set the value of a claim.
5. What to do after a bite
Wash the wound with soap and water and get medical care, even for a small bite, because bites infect easily
Identify the dog and its owner, and ask about rabies vaccination
Photograph the wounds, and again as they heal
Get the names of witnesses
Keep torn or bloodied clothing
6. Reporting the bite
Report the bite to local animal control. In California, a dog that bites a person is generally quarantined for 10 days to watch for signs of rabies. The report also creates an official record of the bite and the dog’s owner.
7. Who pays
Homeowner’s and renter’s insurance policies usually cover dog bites, including bites that happen away from the owner’s home. Some policies exclude certain dogs, in which case the owner may be responsible personally. A landlord or business may also share responsibility in some situations.
8. Children and dog bites
Children are often bitten on the face, and scarring can affect them for years. A plastic surgeon’s evaluation can be important. In California, a settlement of a child’s claim generally needs court approval, which protects the money for the child.
9. Deadlines
Most California injury lawsuits, including dog bite cases, must be filed within two years. A claim against a public agency, such as a city animal shelter, generally must be presented within six months. A child’s deadline to sue is generally paused until age 18, but evidence is best gathered right away.
Talk with us
Montanez Yu represents people injured in car accidents, pedestrian and bicycle accidents, dog bites, and slips and falls throughout Southern California. Consultations are free. No fee and no costs unless we recover. Call (951) 444-7407 or request a free consultation, and we will handle the insurance claim for you.
This guide is general information about California law, not legal advice for your situation. Reading it does not create an attorney-client relationship.