Attorney Michael Rehm — (800) 978-0754

California imposes strict liability on dog owners for bites that occur in public places or on private property where the victim was lawfully present. Unlike many other personal injury claims, a dog bite claim under California law does not require proving the owner knew the dog was dangerous or had bitten before. The bite itself is enough to establish liability. What the injured person then needs to prove is the identity of the owner, the extent of the damages, and — if the bite occurred on private property — that they were lawfully present.

Attorney Michael Rehm handles dog bite and dog attack cases throughout Oakland and Alameda County.

Strict Liability Under Civil Code Section 3342

Civil Code § 3342 provides that the owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog. This liability exists regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. Jury Instruction CACI 463 sets out the elements: the defendant owned the dog; the dog bit the plaintiff; the plaintiff was in a public place or lawfully in a private place; and the plaintiff was harmed.

Strict liability under § 3342 applies to bites. Other injuries caused by a dog — being knocked down, scratched, or injured while attempting to escape — are covered under negligence rather than strict liability. The dog owner still owes a duty of ordinary care under Civil Code § 1714 to prevent their animal from injuring others, and a negligence claim under that standard may be brought for non-bite injuries.

Defenses

The defense to a dog bite strict liability claim is limited. The owner may argue the plaintiff was trespassing — that they were not lawfully on the property. The owner may also argue the plaintiff provoked the dog, which under case law may reduce or eliminate liability depending on the circumstances. California's comparative fault rule applies to dog bite claims: a plaintiff who contributed to the incident through provocation or other conduct may have their recovery reduced by their percentage of fault. Li v. Yellow Cab Co. (1975) 13 Cal.3d 804.

Damages

Dog bite damages include: medical expenses for emergency treatment, wound care, plastic surgery for scarring, and psychological treatment for trauma; lost earnings during recovery; and noneconomic damages including pain and suffering, scarring and disfigurement, and emotional distress. Civil Code § 3333. Dog bites to the face frequently require multiple surgical procedures and leave visible scars that justify significant noneconomic damages. Children are disproportionately represented among dog bite victims and frequently suffer facial injuries; damages for disfigurement to a child involve particular considerations about the long-term impact on the child's development and wellbeing.

Medical expense damages are limited to amounts paid or owed under Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541. Future medical costs — including projected scar revision surgeries — are recoverable if established with reasonable certainty.

Insurance Coverage for Dog Bites

Most homeowners and renters insurance policies cover dog bite liability claims up to the policy limits. The dog owner's insurer is the primary source of compensation in a residential dog bite case. Some policies exclude certain breeds or exclude dogs with prior bite history; whether coverage exists requires review of the specific policy. If the bite occurs on rental property, both the owner's renters insurance and potentially the landlord's liability policy may be relevant depending on the circumstances.

Statute of Limitations

The statute of limitations for a dog bite claim in California is two years from the date of the bite. Code of Civil Procedure § 335.1. For bites to minors, the statute is tolled until the minor reaches age 18. Code of Civil Procedure § 352. This deadline can potentially bar a claim if missed.

Related Pages

• Oakland Personal Injury Attorney
• Oakland Premises Liability Attorney
• Oakland Slip and Fall Attorney
• Oakland Wrongful Death Attorney

Attorney Michael Rehm handles dog bite and dog attack cases throughout Oakland and Alameda County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 to arrange a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.