CA Dog Bite Laws
According to California’s State Department of Health Care Access and Information, the Golden State experienced a record number of people needing to visit emergency rooms for dog bites in 2022, with 48,596 ER visits due to dog bites occurring.
With this in mind, it is more important than ever to know your rights surrounding dog bites.
What is the One Bite Rule?
The one bite rule can be defined as the following: In the event of a dog bite, the dog’s owner is liable only if the dog has bitten someone before or has displayed violent tendencies.
After the first bite, the dog owner is now on notice of the dog’s potentially dangerous behavior, and the dog owner can be held liable for any subsequent bites.
Does California follow the one bite rule for dog attacks?
California’s laws regarding dog bites do NOT follow the common “one bite rule” that many other states follow.
As of 1931, California instead imposes a strict liability law for dog bites, primarily through California Civil Code 3342. Civil Code 3342 actually replaced the one-bite rule which California previously followed.
Strict liability means that, for dog bite or dog attack incidents, the dog owner will be held liable even if they took every precaution necessary.
Civil Code 3342 puts strict liability on dog owners for bites that happen, as long as:
The victim did not provoke the canine, and
The victim was bit by the dog in a public place or while lawfully present on private property.
Examples of being lawfully present on private property include being an invited social guest or arriving at the location as an EMT responding to an emergency.
For example: James has a dog named Gerald who has never bitten anyone before. James hosts a party with many guests, and locks Gerald in his cage before they arrive. Under California strict liability laws, even if Gerald unexpectedly escapes his cage and bites one of the guests, James can be held liable for the damages.
What should I do if a dog bites me?
If you are bitten or attacked by a dog, you should do the following:
Take photos (or ask a friend to) of your injury AND location of the incident.
Obtain the name, home address, and contact info of the dog owner / dog handler, as well as any eyewitnesses
Seek immediate medical treatment. This can be especially important to prevent a rabies infection or further harm.
Be sure to write down or record everything that happened, and follow up with law enforcement as soon as possible too. Having your detailed account of events archived as well as a police report will help ensure a smooth legal process.
Lastly, find an experienced injury lawyer who can help guide you through the system to ensure you receive justice. Lawyers will be able to investigate the dog owner, issue demands on your behalf, and file a lawsuit if your demands are not met.
If you cannot get any owner information, contact your local Animal Control with a description of the dog.
Is there any scenario where I can’t sue for a dog bite?
Yes. While you won’t be strictly prohibited from filing a lawsuit for most dog bites, there are many situations where you are unlikely to win your case and should re-consider whether you would want to endure a potentially difficult legal battle.
These scenarios include:
If you trespassed on private property, like the dog owner’s residence.
If you provoked the dog
If the dog was protecting its owner or someone else in a manner appropriate to California’s self-defense laws
If the dog was a military or police canine that was used appropriately according to the agency’s written policy.
Is my dog bite bad enough to sue for damages?
Yes. All levels of dog bite injuries matter, even if the dog bite never managed to break skin or draw blood. Many complicated and lasting physical and emotional traumas can happen as a result of a dog attack.
To know how bad you or your loved one’s dog bite injury is, refer to the grades listed in the Dunbar Bite Scale below:
Level 1: The dog was aggressive, but there was no teeth to skin contact.
Level 2: The dog bit the victim but didn’t break skin.
Level 3: The dog bit the victim once with shallow wounds (note: shallow here means your wounds were shallower than half the length of the dog’s canine teeth.)
Level 4: The dog bit the victim once with deep wounds, possibly accompanied with signs of the dog thrashing side-to-side.
Level 5: The dog gave the victim multiple Level 4 bites.
Level 6. The victim died and/or flesh was consumed.
How much is the average settlement amount for a dog bite claim in California?
In California, the average settlement amount is around $40,000 per dog bite claim, and rising.
There are many kinds of damages that you can pursue to recover, in the event of a dog bite:
Medical bills for all treatments present and future, from your first ER or hospital visit after the attack to rehab and cosmetic surgery down the line.
Physical or vocational therapy
Counseling and therapy for psychological and emotional trauma, emotional distress, depression, PTSD (post-traumatic stress disorder), and cynophobia (fear of dogs) that was triggered or that you developed as a result of the attack.
Lost wages
Lost earning capacity
Pain and suffering
Scarring and disfigurement from the puncture wounds and contusions of the bite
Loss of use of a limb (from broken bones/fractures, nerve damage, or amputation)
Additionally, if the animal attack resulted in a fatality, the victim’s family may be able to recover wrongful death damages or damages for loss of consortium.
Is there insurance that helps cover me from liability for dog bites?
Homeowner’s and renter’s insurance can cover liability for dog bites on the dog owner’s behalf, although this coverage is usually opt-in. This coverage also often has restrictions on what breeds of dogs can be covered; the following breeds are commonly excluded from coverage:
Pit Bulls
Staffordshire terriers
Dobermans
German Shepherds
Chows
Akitas
Alaskan Malamutes
Rottweilers
Siberian Huskies
Wolf hybrids
If the dog owner does not have homeowner’s insurance or did not opt-in for dog bite coverage, the dog owner would pay out-of-pocket for damages, which may reduce how much damages can be reasonably recovered, even if a plaintiff wins their lawsuit.
What if a dog attacked me but did not bite me?
If you were injured by a dog, but the dog did not outright bite you, you would need to demonstrate that the dog owner was negligent.
This means you would have to prove the following:
The dog owner knew, or should have known, that the dog could be dangerous, AND
The dog owner failed to take reasonable steps to prevent harm from happening to others.
However, if the dog owner or handler had violated a state or local statute meant to protect public health and/or safety and your injury was resultantly caused by that violation, the owner will be automatically deemed at fault under Evidence Code 669, known as California’s “negligence per-se” law.
Negligence per-se, most commonly applying to personal injury and wrongful death lawsuits, is the legal principle that presumes someone to have acted negligently if they violate a statute, and by doing so, go on to injure someone who that statute protects.
Thus, if a dog owner violated a local statute and the dog then managed to attack you and cause injury without biting, the dog owner’s negligence can be presumed and therefore they are automatically at fault, meaning you are eligible to pursue damages, even without being bit.
