California Dog Bite Law: Strict Liability and Your Rights

California is one of the more protective states for dog bite victims, and the reason is a rule called strict liability. If you have heard of the 'one free bite' idea — that an owner is only responsible if the dog had bitten before — that is not California law for bite injuries. Here is how it actually works. This is general information, not advice about your specific situation.

Strict liability under Civil Code 3342

California Civil Code section 3342 makes a dog's owner liable for a bite regardless of whether the dog had ever shown aggression before. The owner does not get a pass because the dog had no history — there is no 'one free bite.' As long as the bite happened in a public place or while you were lawfully in a private place (including being invited onto the owner's property), the owner is generally responsible for the damages, whether or not they knew the dog might bite.

What you have to show

• A dog owned by the defendant bit you.
• The bite happened while you were in a public place, or lawfully in a private place — including the owner's own property if you were invited or there for a lawful reason.
• You were injured as a result.

The exceptions

Strict liability under the statute applies to bites, not every dog-related injury — if a dog knocks you over and you are hurt without being bitten, that is usually pursued under ordinary negligence instead. There are also defenses: trespassing (you must be lawfully present), and provoking the dog can reduce or defeat a claim. The statute also carves out certain government military and police dogs performing their duties. And note the strict-liability rule is specifically about bites; other injuries a dog causes are handled under general negligence principles.

Who actually pays — and the deadline

Compensation in a dog bite case usually comes from the owner's homeowner's or renter's insurance, which commonly covers dog bite liability — so pursuing a claim is typically about an insurance policy, not taking someone's personal savings. That matters when the victim knows the owner, which is common. The deadline is generally two years from the date of the bite to file a lawsuit; for a child, the clock generally does not start until age 18, though it is still wise to act early while evidence and witnesses are available.