Is the Dog Owner Always Responsible if Their Dog Bites Someone in California?

In California, dog bite cases often lead to one big question: Is the dog owner always responsible? Under the state’s strict liability law, California holds dog owners accountable when their pet bites someone in most cases.

Unlike some states that require proof of negligence or prior aggression, California’s approach is straightforward—if a dog bites, the owner is typically responsible. But are there any exceptions?

What is Strict Liability?

In the context of dog bites, “strict liability” means that a dog owner cannot escape responsibility for a bite by claiming they didn’t know their dog was dangerous or that they took precautions to prevent the bite. If their dog bites someone, they are liable, period.

This is different from the “one bite rule” followed in some other states. Under that rule, owners are only liable if they knew or should have known their dog was dangerous, typically because of a prior bite. In California, there’s no “one free bite.”

When Does Strict Liability Apply?

California’s strict liability statute applies when:

1. A dog bites a person;
2. The person was bitten in a public place or while lawfully in a private place.

This second point is key. The law applies not just to bites in public spaces like parks or sidewalks but also to bites on private property where the victim was present lawfully.

So, if you’re invited into someone’s home and their dog bites you, the owner is likely liable. The same is true if you’re a mail carrier bitten while delivering mail or a repairman bitten while fixing an appliance. As long as you’re in a private place with permission or for a legal purpose, strict liability applies.

Are There Any Exceptions to Strict Liability in Dog Bite Cases?

Yes, there are a few situations where California’s strict liability law does not apply:

1. Trespassers: If you’re bitten while unlawfully on private property, like if you’re burglarizing a home, strict liability does not apply. The owner may still face liability under other legal theories but not under the dog bite statute.
2. Police/Military Dogs: If a dog is assisting law enforcement or military personnel in their official duties, the agency is immune from strict liability. However, they may be liable if they knew the dog was vicious and failed to take proper precautions.
3. Provocation: If the dog was reacting to provocation or was protecting its owner, another person, or its property from an attack or assault, strict liability may not apply.

What Does This Mean for Bite Victims in California?

If you’ve been bitten by a dog in California, you likely have a strong case against the owner, even if the bite occurred on the owner’s private property. You can recover damages for your medical bills, lost wages, pain and suffering, and other losses.

However, you must act quickly. California has a two-year statute of limitations for personal injury claims. If you wait too long, you could lose your right to sue.

It’s also important to gather evidence to support your claim. This includes photos of your injuries, witness statements, medical records, and proof of your damages. An experienced personal injury attorney can help you build your case and negotiate with the owner’s insurance company.

Hold Negligent Owners Accountable — Contact LA Dog Bite Law Today.

California’s strict liability dog bite law provides strong protection for bite victims. If you’ve been bitten, you likely have a right to compensation, even if the bite occurred on the owner’s property. But you must act promptly to preserve your rights. If you’ve been injured by a dog, consult our dog bite attorneys at LA Dog Bite Law today.