Who Is Responsible for a Dog Bite in CA?

Dog bites and animal attacks are among the cases listed on our personal injury page. California's rule for bites is stricter than in many states, which often makes the key question not whether the owner is responsible, but who the owner is, what happened, and what the injuries are worth.

What happens after a dog bite, step by step?

Get medical care. Bites can become infected, and a prompt record ties the injury to the bite.
Identify the dog and the owner. Write down the owner's name, address and phone number, and a description of the dog and where it lives.
Report the bite. In Los Angeles County, the Department of Public Health's Veterinary Public Health program takes bite reports online or by form; it says anyone with knowledge of a bite may report it, and that the dog's current location is one of the most important parts of the report.
The dog is observed. The county explains that a biting dog or cat is quarantined and observed for 10 days to rule out rabies, and that most biting pets are observed at home.
Document the injury. Photograph the wounds as they heal, torn clothing and the place it happened, and collect witness names.
Gather records. A health care provider must send copies of your records within 15 days after receiving a request that specifies the records (Health and Safety Code section 123110(b)).
Make the claim. Most claims start with a written demand to the owner, or to an insurer if one covers the bite. If it does not resolve, a lawsuit is generally due within two years (Code of Civil Procedure section 335.1).

What does California's dog bite law say?

Civil Code section 3342(a) makes the owner of any dog liable for the damages suffered by a person bitten by the dog while in a public place or lawfully in a private place, including the owner's property, "regardless of the former viciousness of the dog or the owner's knowledge of such viciousness." In other words, there is no "one free bite" rule in California for bites. The Judicial Council's jury instruction on the statute, CACI 463, puts the claim in four parts: the defendant owned the dog, the dog bit the injured person in a public place or while lawfully on private property, the person was harmed, and the dog was a substantial factor in causing the harm.

The statute explains when a person is lawfully on the owner's property: when performing a duty imposed by state law or by federal law or postal regulations, as a mail carrier does, or when there by the owner's invitation, express or implied. A guest, a delivery worker or a neighbor invited in is usually lawfully present.

How California treats common dog bite situations
Situation	What the law says	Source
Bitten on a sidewalk, in a park or another public place	The owner is liable, even for a first bite	Civ. Code 3342(a)
Bitten as an invited guest or while working at the owner's home	The owner is liable; the victim is lawfully on the property	Civ. Code 3342(a)
A bite that did not break the skin	The statute can still apply; broken skin is not required	CACI 463 (sources and authority)
Knocked down or hurt without a bite	Section 3342 does not apply; the claim depends on the owner's knowledge of a dangerous tendency or on negligence	CACI 462
Bitten by a police or military dog	Limited exceptions when the dog was defending itself or assisting an officer, and only if the agency has a written policy; they do not apply to bystanders who were not involved	Civ. Code 3342(b) to (d)
A dog that has bitten people on two separate occasions	Any person, the district attorney or the city attorney may ask the court to order changes, removal or, if necessary, destruction	Civ. Code 3342.5(b)

What must an owner do after a bite?

Under Civil Code section 3342.5(a), the owner of a dog that has bitten a person must take reasonable steps to remove the danger to other people. If the same dog has bitten people on at least two separate occasions, a court case can be brought in the county where a bite occurred, and the judge may order whatever is appropriate to prevent another incident (section 3342.5(b)). The same kind of case is available after a single bite causing substantial physical injury by a dog trained to fight, attack or kill (section 3342.5(c)). These cases are limited civil cases (section 3342.5(g)), and they do not cover bites to trespassers. They also do not replace the injured person's own claim for damages (section 3342.5(f)).

A bite report is not the same thing. Los Angeles County's Veterinary Public Health program says a report of a bite does not mean the animal is deemed dangerous, and that residents who believe an animal is dangerous must file a separate report with their local animal control agency. In Pasadena, the county directs bite reports to the Pasadena Humane Society instead. Our page on the personal injury lawyer in Glendale covers the other local offices that matter after an injury in the city.

How long do I have to make a claim?

A lawsuit for injury caused by another's wrongful act must generally be filed within two years (Code of Civil Procedure section 335.1). If the dog belongs to a public agency, such as a police department, a written government claim is due much sooner, within six months; see how the six-month claim against a city or county works.

In Los Angeles County, the Superior Court's filing location form (LASC CIV 109) lists dog attacks under premises liability cases, which are filed where the injury occurred, or at the Stanley Mosk Courthouse only if brought as a class action. Our guide to a civil case at the Stanley Mosk Courthouse explains the court rules that apply after filing in any courthouse. Our page on the personal injury lawyer in Los Angeles County lists courthouse addresses across the county.

What can a dog bite victim recover?

The damages are the same kinds available in other injury cases: medical expenses, future care, lost income, and compensation for pain, scarring and emotional distress, as our personal injury page explains. Every case depends on its facts, and no result can be promised. Our article on how a personal injury lawyer can help with compensation explains how those losses are documented.

What changes the answer?

Whether it was a bite

Section 3342 covers bites. When a dog knocks someone down or causes a fall without biting, the Judicial Council's instruction CACI 462 applies a different rule: the owner is strictly liable only if the dog had an unusually dangerous nature or tendency that the owner knew or should have known about. Otherwise the claim is one for negligence, and the facts of how the injury happened carry more weight.

Where you were

The statute protects people in public places and people lawfully on private property. A trespasser does not get the benefit of section 3342, and a court case under section 3342.5 cannot be based on bites to a trespasser (section 3342.5(d)).

Your work

The sources listed with CACI 463 note that a veterinarian or veterinary assistant treating a dog, or a kennel worker caring for dogs, may be found to have assumed the risk of being bitten as part of the job.

Your own conduct

The same sources note that assumption of risk and the injured person's own negligence can still be raised in a dog bite case. Under CACI 405, if the owner proves the injured person was negligent and that this was a substantial factor in the harm, the damages are reduced by that person's percentage of responsibility rather than barred.

A police dog

An agency using a dog in police or military work is protected only in the situations in section 3342(b), only with a written policy (section 3342(d)), and never against a bystander who was not involved (section 3342(c)).

A worked example

For example, imagine a hypothetical jogger running along a public sidewalk in Glendale when a leashed dog lunges and bites her calf. The bite leaves deep bruising and puncture marks. The owner apologizes, says the dog has never bitten anyone, and gives her his name and phone number but not his address.

Because she was in a public place and was bitten, section 3342 can apply whatever the dog's history, so the owner's statement that this was a first bite does not decide the question. She gets treated the same day, and the clinic reports the bite to the county. The county's Veterinary Public Health program needs the dog's location to arrange the 10-day observation, which also gives her a record of who owns the dog. Weeks later, the owner's insurer suggests she startled the dog by running past. Under CACI 405 that argument, if proved, would reduce damages by a percentage rather than defeat the claim. What the claim is worth depends on her medical records and how the wounds heal, which are not known yet.

Common mistakes people make after a dog bite

Leaving without the owner's full details. A name and a phone number are not enough if the person stops answering; note the address and where the dog lives.
Skipping medical care for a small bite. Infections and scarring can appear later, and the first record ties the injury to the bite.
Assuming a first bite means no claim. California does not use a "one free bite" rule for bites.
Missing the six-month claim for a police dog. A government claim comes before any lawsuit against an agency.
Accepting a quick insurance offer. Scarring and treatment needs may not be clear for months.

What to do this week

Keep every wound care appointment and follow the treatment plan.
Make sure the bite was reported to Veterinary Public Health, or to the Pasadena Humane Society for a bite in Pasadena.
Photograph the injury every few days and save torn clothing.
Write down what happened while it is fresh, with witness names and contact details.
Request your medical records in writing, and keep a list of costs and missed work.
Bring everything to a consultation; our checklist of what to bring to a personal injury consultation covers the rest.

Frequently asked questions

Does the bite have to break the skin?

No. The authorities listed with the Judicial Council's dog bite instruction state that the skin does not have to be broken for section 3342 to apply.

The dog never bit anyone before. Is the owner still responsible?

For a bite in a public place or where you were lawfully present, yes. Section 3342 applies regardless of the dog's past behavior or what the owner knew.

Is reporting the bite the same as calling the dog dangerous?

No. The county says a bite report is used to rule out rabies and does not mean the animal is deemed dangerous. A dangerous animal report is made separately to local animal control.

A friend's dog bit me. Do I have to sue my friend?

A claim is made against the owner, and it may be handled by an insurer if the owner has coverage that applies. Whether to pursue it is your decision.

Should I use small claims court for a minor bite?

Sometimes. Our guide to small claims or a lawyer in Los Angeles County compares the limits and trade-offs.

I own the dog and was served with a lawsuit. What now?

Do not wait. Our page on being served with a lawsuit in California explains the 30-day response deadline.

How can Glendale Law help?

We gather the medical records, photographs and witness accounts, identify the owner and any insurance that may cover the bite, and handle the insurer so you can focus on healing. Call (818) 244-9000 or request a consultation.

Who is responsible for a dog bite in California?