By Attorney Christopher Brainard – California Personal Injury Lawyer
A dog bite can be a terrifying and traumatic experience—especially when it results in serious injury, permanent scarring, or emotional distress. In California, the law is clear: dog owners are strictly liable for most dog bites, regardless of the dog’s prior behavior.
If you or someone you love has been bitten by a dog, this article explains your rights under California’s strict liability statute, and how to pursue compensation for your injuries.
California’s Strict Liability Rule – Civil Code § 3342
Under California Civil Code § 3342, a dog owner is automatically liable if:
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Their dog bites a person,
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The person was in a public place or lawfully on private property,
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And the bite caused injury.
Strict liability means the victim does not need to prove that:
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The dog had bitten anyone before
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The owner knew the dog was dangerous
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The owner was negligent
As long as the criteria above are met, the owner is responsible—period.
Who Can File a Dog Bite Claim?
Anyone who is lawfully present—such as pedestrians, mail carriers, delivery drivers, guests, or tenants—can pursue a claim. Trespassers generally do not qualify.
Children are also protected under the law, and claims can be filed on their behalf by a parent or guardian.
What Compensation Can a Dog Bite Victim Recover?
Victims of dog bites may be entitled to damages for:
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Medical bills (emergency care, stitches, rabies treatment, plastic surgery)
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Future medical expenses
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Lost wages or lost earning capacity
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Pain and suffering
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Emotional trauma or PTSD
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Scarring and disfigurement
In severe cases, dog bites can result in infections, nerve damage, or even permanent disability.
What If the Dog Never Bit Anyone Before?
It doesn’t matter.
California is not a “one bite” state. Unlike some states that require a dog to have shown prior aggression, California law holds owners liable even for a dog’s first bite—as long as the victim was lawfully on the property or in public.
Are There Any Exceptions?
Yes, certain exceptions may apply. For example, the strict liability statute does not apply if:
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The person provoked the dog
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The person was trespassing
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The dog was a police or military animal performing official duties
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The bite occurred during a veterinary or grooming procedure and the professional assumed the risk
Even in these situations, however, other legal theories—like negligence—may still allow the victim to recover.
What Should You Do After a Dog Bite in California?
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Get immediate medical attention – Dog bites can lead to infections or worse.
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Report the incident – Call your local animal control or police department.
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Document the injury – Take clear photos and keep all medical records.
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Identify the dog owner – Get names, contact information, and insurance details.
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Speak with a California personal injury attorney – Do not delay.
Time is critical. In most cases, California has a two-year statute of limitations to file a personal injury claim.
Schedule a Consultation with LawBrainard
If you or a loved one has been bitten by a dog in California, I can help. At LawBrainard, we represent dog bite victims throughout the state and fight to ensure they get the medical care and financial recovery they deserve.
📞 Call (310) 266-4115
🌐 Visit: www.LawBrainard.com
🗓 Schedule a consultation to discuss your legal rights.
*This article/blog is provided for informational and educational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and Christopher Brainard, Esq. An attorney-client relationship can only be formed through a written and signed agreement with Christopher Brainard. If you need legal advice about your specific situation contact us for a consultation. [Christopher Brainard, 651 N. Sepulveda Blvd., #2010, Bel Air, CA 90049].
Christopher Brainard is a California personal injury attorney representing victims of dog bites, auto accidents, and serious injuries statewide. His practice is committed to helping injured individuals seek justice with dignity and results.