State laws › CA
Dog bite law in California: what you have to prove, and who pays
- Framework Strict liability
- Covers Bite only
- Damages Full damages available
One of the cleanest strict liability statutes in the country, with one important limit: it reaches bites and nothing else.
The rule
- You do not have to prove the owner did anything wrong.
Civil Code § 3342 makes a dog owner liable for a bite regardless of the dog's history and regardless of whether the owner was careless. Whether the dog had ever bitten before is not part of your case.
- It covers the owner's own property.
The statute applies in a public place, or anywhere you were lawfully present in a private place — including the dog owner's home or yard. Being an invited guest does not weaken your claim.
- It is limited to bites.
If a dog knocked you down, chased you into traffic, or caused an injury without biting, § 3342 does not reach it. Those injuries are argued as ordinary negligence instead, which is a different and harder case.
Worth knowing
Trespassing defeats the statutory claim, because the law requires you to have been lawfully where you were. Police and military dogs are excluded under enumerated conditions.
Who the claim is actually against
In most California bite claims the money comes from the dog owner's homeowners or renters liability coverage rather than from the owner personally. Liability limits commonly run from $100,000 to $500,000, and the coverage usually follows the dog off the property. Policies routinely exclude specific breeds or dogs with a documented bite history, which is the single most common reason an otherwise good claim goes nowhere.
How homeowners coverage works in a bite claim →
California recorded more dog-related injury claims than any other state in 2025 — 2,830 — and one of the highest average costs per claim.
The deadline
There is a filing deadline in California and it is shorter than most people expect. It can be shortened further if a city, county or state entity is involved, and it can be extended if the injured person is a minor. The general personal injury period is commonly cited as 2 years (Code Civ. Proc. § 335.1), but do not rely on that figure — including from this page — without confirming the date that applies to your facts with a lawyer licensed in California.
What to do next
If the injury was treated and is healing, there is no lasting scarring, and nobody is disputing what happened, this is the kind of claim most law firms will not take — and the kind you can often handle yourself. The Claim Kit covers it end to end.
If a child was bitten, there is scarring anywhere visible, you needed surgery or a specialist, there is nerve damage, you are still in treatment, or the insurer is denying coverage, talk to a lawyer before you sign anything.
Last reviewed August 2026 · Corrections welcome