Does California Have a “One-bite Rule” for Dog Attacks?

If you’ve been the victim of a dog bite in Los Angeles or elsewhere in California, you may have heard about the “one bite rule” and wondered if it applies to your case. At LA Dog Bite Law, we help victims of dog attacks, and we’re here to clarify this important aspect of California dog bite law.

What is the “One Bite Rule”?

In some states, this rule essentially gives dog owners a “free pass” on the first occasion their dog bites someone. The logic behind this rule is that the owner may not have known their dog had aggressive tendencies until the first incident occurred.

Under the one bite rule, if a dog bites someone for the first time, the owner might not be held liable for damages – unless the victim can prove the owner knew the dog had a propensity for aggression. After the first bite, however, the owner is considered aware of the dog’s potential for harm and can be held liable for subsequent attacks.

California’s Stance: Strict Liability for Dog Bites

California does not follow the one bite rule. Instead, California operates under a “strict liability” statute when it comes to dog bites.

California Civil Code Section 3342 states:

“The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”

What does this mean for dog bite victims in California? It means that dog owners are essentially always liable when their dog bites someone, even if it’s the first time the dog has ever shown aggression.

Key Points of California’s Dog Bite Law

No “Free” First Bite: Unlike states with the one bite rule, California dog owners can’t claim they didn’t know their dog could be dangerous.
Strict Liability: The law holds dog owners responsible regardless of the dog’s past behavior or the owner’s knowledge of any vicious tendencies.
Public and Private Property: The law applies whether the bite occurs in a public place or on private property, including the dog owner’s property.
Lawful Presence: The victim must have been lawfully present where the bite occurred. This means trespassers may not be protected under this law.
Limited Exceptions: There are a few exceptions, such as police or military dogs performing their duties.

Why California’s Law Matters for Dog Bite Victims

California’s strict liability law is generally more favorable for dog bite victims than the one bite rule. Here’s why:

Easier to Prove Liability: You don’t need to prove the owner knew their dog was dangerous. The fact that the bite occurred is usually enough.
Quicker Resolution: Cases can often be resolved more quickly because there’s less debate about the owner’s knowledge or the dog’s history.
Better Chance of Compensation: With fewer hurdles to proving liability, victims have a better chance of receiving compensation for their injuries.

What to Do If You’ve Been Bitten by a Dog in California

If you’ve suffered a dog bite in Los Angeles or anywhere in California, take these steps:

Seek Medical Attention: Your health comes first. Dog bites can lead to serious infections or injuries.
Report the Incident: Contact local animal control or law enforcement to report the bite.
Gather Information: If possible, get the dog owner’s contact and insurance information, as well as any witness statements.
Document Everything: Take photos of your injuries, keep all medical records, and note any lost wages due to the incident.
Contact a Specialized Attorney: Reach out to a law firm that focuses on dog bite cases, like LA Dog Bite Law.

How LA Dog Bite Law Can Help

At LA Dog Bite Law, we understand the physical, emotional, and financial toll a dog attack can take. Our team exclusively handles dog bite cases, giving us unique insight into California’s laws and how to best represent our clients.

We can help you:

Understand your rights under California law
Gather and present evidence to support your claim
Negotiate with insurance companies
Represent you in court if necessary
Seek fair compensation for medical bills, lost wages, pain and suffering, and other damages

While some states give dog owners a “free pass” on their dog’s first bite, California does not. The state’s strict liability law holds dog owners responsible from the very first incident, providing stronger protection for dog bite victims.

If you or a loved one has been bitten by a dog in Los Angeles or anywhere in California, don’t assume you have no recourse. California law is on your side, and so are we at LA Dog Bite Law. Contact us today for a free consultation, and let us help you understand your rights and options under California’s dog bite laws.

Remember, in California, every bite counts – and you deserve top-notch legal representation to ensure you receive the compensation you’re entitled to under the law.