California Dog Bite Law: Who Pays When a Dog Bites or Knocks You Down

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

How strict liability works under Civil Code § 3342

Section 3342 makes the owner responsible for damages suffered by anyone bitten while in a public place or lawfully on private property, including the owner’s own home. It applies regardless of the dog’s past behavior or what the owner knew. A first bite counts.

You are lawfully on private property if you are there to perform a duty required by law, such as delivering mail, or because the owner invited you, expressly or by implication. Trespassers are not covered, and the skin does not have to be broken, according to the Judicial Council’s jury instruction CACI No. 463, which cites Fullerton v. Conan (1948) 87 Cal.App.2d 354 and Johnson v. McMahan (1998) 68 Cal.App.4th 173.

The statute’s one written exception covers government police and military dogs. An agency is shielded when its dog bit while defending itself from provocation or helping an officer hold a suspect, investigate a crime, serve a warrant or protect someone. The shield does not apply to a bystander who was not involved in or suspected of the conduct, and it requires a written agency policy on the use of dogs.

Knock-downs and other injuries without a bite

Section 3342 covers only people who are bitten. When a large dog slams into a cyclist or knocks an older adult to the sidewalk, the claim needs another legal theory.

One is common-law strict liability, often called scienter. Under CACI No. 462, an owner or keeper is responsible if the dog had an unusually dangerous tendency and the owner or keeper knew or should have known it. Prior incidents and neighbor complaints are the usual proof. The other is negligence under Civil Code § 1714. In Drake v. Dean (1993) 15 Cal.App.4th 915, the Court of Appeal said negligence may rest on traits that are normal for the animal’s kind but still create a foreseeable risk of harm (CACI No. 462). Both theories also reach dog walkers and sitters, since § 3342 names only the owner.

Comparative fault and common defenses

California uses pure comparative fault. In Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, the California Supreme Court held that an injured person’s own negligence reduces damages in proportion to that person’s share of fault instead of barring recovery. CACI notes this defense can be raised against a § 3342 claim. If a jury found that someone who reached over a fence was 20 percent at fault, the award would drop by 20 percent. Some workers face a harder rule: in Priebe v. Nelson (2006) 39 Cal.4th 1112, the California Supreme Court held that a kennel worker assumed the risk of bites from dogs in her care, and Nelson v. Hall (1985) 165 Cal.App.3d 709 applied the same idea to veterinary staff.

When a landlord can be responsible

A landlord does not own the tenant’s dog, so § 3342 does not apply, but negligence can. In Uccello v. Laudenslayer (1975) 44 Cal.App.3d 504, the Court of Appeal held that a duty arises when the landlord has actual knowledge of the dangerous animal and the right to remove it by retaking possession, as a Santa Barbara County Superior Court ruling summarized it. Under Uccello, a residential landlord generally has no duty to inspect for a tenant’s dangerous dog. For commercial property, Portillo v. Aiassa (1994) imposed a duty of reasonable inspection, according to the opinion as published by Michigan State University College of Law. Complaints to the property manager are often the key evidence.

Homeowners or renters insurance usually pays

The California Department of Insurance explains that a homeowners policy’s personal liability coverage applies when the policyholder or a household member is legally responsible for injuring someone, and that medical payments coverage pays reasonable medical bills for people accidentally hurt on the property. Renters policies include liability too, generally with a $100,000 minimum. The Insurance Information Institute reports typical limits of $100,000 to $300,000 and notes that some insurers exclude certain breeds or a dog that has bitten before. California had more dog-related injury claims than any other state in 2025:

Those are industry averages and say little about what any one claim is worth. Ask the owner for the insurer’s name and policy number.

Deadlines for California dog bite claims

A public entity, such as a police K-9 unit or a city shelter, brings a much shorter clock than a private owner.

Reporting the bite and dangerous-dog rules

Nearly 1 in 5 people bitten by a dog needs medical attention, and children are more likely than adults to be bitten and more seriously hurt, according to the CDC. The agency advises reporting a bite to animal control or police and getting the owner’s contact details, the dog’s rabies vaccination license number and the vaccinating veterinarian’s name. Under 17 CCR § 2606, biting dogs and cats can be isolated for 10 days. Los Angeles County Public Health requires every animal bite to a person, other than from rodents and rabbits, to be reported immediately to its Veterinary Public Health program, except in Long Beach, Pasadena and Vernon, which have their own agencies. Quarantine lasts at least 10 days.

Civil Code § 3342.5 requires an owner whose dog has bitten someone to take reasonable steps to remove the danger. After bites on two separate occasions, any person, the district attorney or the city attorney may sue, and a court may order the dog removed or, if necessary, destroyed. Under the Food and Agricultural Code (§ 31601 and following), a dog can be declared potentially dangerous or, after a severe injury such as disfiguring lacerations or multiple sutures, vicious at a hearing held without a jury. A potentially dangerous dog must be confined and leashed (§ 31642), and a vicious dog may be destroyed if releasing it would threaten public safety (§ 31645). Past findings like these help prove an owner knew of the danger.

Evidence to preserve

• Photos of the wounds on day one and as they heal
• Photos of the scene, including gates, fences and leash signs
• The owner’s name, address, insurer and the dog’s license number
• Witness names and any doorbell or security video, requested before it is erased
• The animal control or police report number
• Torn clothing or damaged property, kept as is
• All medical records and bills, including rabies shots
• Messages or posts mentioning the dog’s past behavior

How damages are calculated

Under Civil Code § 3333, damages are the amount that compensates for all the harm caused. That includes medical care such as rabies treatment, surgery and scar revision, future treatment, lost wages and lost earning ability, plus pain, emotional distress and disfigurement. A facial scar on a child or a lasting fear of dogs is part of the harm. Any share of fault assigned to you reduces the total, and policy limits often shape how a claim resolves.

What this means for your case

Start with two questions: were you bitten or knocked down, and where were you? A bite in public or on property you were invited onto points to § 3342 and the owner’s insurer. A knock-down calls for proof of the dog’s history or the owner’s carelessness, and a rental means asking what the landlord knew. If a police dog or any public agency is involved, the six-month claim deadline comes first.

Beverly Law represents injured people across California, including Los Angeles; our practice areas list the other cases we handle. Texas follows different rules, explained in Is Texas a one-bite state? You owe no fees or costs unless we win. Call (310) 552-6959 for a free consultation.

Common questions

Related pages

Legal guides · Is Texas a one-bite state? · Los Angeles injury lawyers · California · Practice areas

Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys. Last reviewed: November 6, 2026.