Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents dog bite victims throughout San Jose and Santa Clara County. California is a strict liability state for dog bites. Unlike states that apply a "one bite rule" — where an owner avoids liability for a first bite on the theory they had no prior notice — California holds dog owners liable for bites regardless of whether the dog has ever bitten anyone before and regardless of whether the owner had any prior reason to believe the dog was dangerous.

California's Dog Bite Strict Liability Statute

Civil Code § 3342(a) provides that the owner of any dog is liable for 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. Liability attaches regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. This means that to establish a dog bite claim under § 3342, a plaintiff does not need to prove the owner knew the dog was dangerous. The elements are: (1) the defendant owned the dog; (2) the dog bit the plaintiff; (3) the plaintiff was in a public place or lawfully on private property when the bite occurred; and (4) the plaintiff suffered damages.

"Lawfully on private property" includes anyone who is on the property by express or implied invitation — a mail carrier, a delivery driver, a guest, a neighbor. It also includes anyone whose entry is authorized by law.

Scope of § 3342 — Bites Only

Civil Code § 3342 applies to bites specifically. A dog attack that causes injury through jumping, knocking someone down, or scratching — without a bite — is not covered by the strict liability statute. Such injuries are governed by the general negligence standard under Civil Code § 1714(a). A plaintiff in a non-bite dog attack case must show that the owner knew or should have known the dog had dangerous propensities — the traditional negligence framework that the strict liability statute displaced for bite claims.

Defenses

Civil Code § 3342(b) provides that the statute does not apply to military or police dogs used in the performance of their duties by a peace officer or military personnel. The defense may also argue comparative fault — for example, that the plaintiff provoked the dog. Under California's pure comparative fault rule established in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, any comparative fault reduces recovery proportionally but does not eliminate the claim.

Assumption of risk is another defense that arises in dog bite cases, particularly where the plaintiff is a veterinarian, dog groomer, or other professional who voluntarily handles dogs as part of their work. Whether assumption of risk applies in a specific case is a factual and legal question that depends on the circumstances of the encounter.

Damages

Dog bite injuries range from puncture wounds and lacerations to nerve damage, disfigurement, infections, and serious psychological harm — particularly in attacks on children. Civil Code § 3333 provides that damages include all detriment proximately caused by the defendant's wrong, whether anticipated or not. Civil Code § 3283 allows recovery for future losses reasonably certain to occur — including reconstructive surgery, ongoing psychological treatment, and permanent scarring. Recoverable damages include past and future medical expenses, lost earnings, pain and suffering, emotional distress, and the cost of any disfigurement.

Insurance Coverage

Most homeowner and renter insurance policies cover dog bite liability. Identifying the applicable policy and its limits is an early step in evaluating a dog bite claim. Some policies exclude certain breeds or dogs with prior bite history — whether an exclusion applies requires reviewing the actual policy language.

Filing Deadline — Statute of Limitations

Code of Civil Procedure § 335.1 sets a two-year statute of limitations for dog bite claims. Missing this deadline can potentially bar a lawsuit. Where the victim is a minor, tolling rules under Code of Civil Procedure § 352 may extend the deadline — contact Attorney Michael Rehm to assess the specific timeline in your case.

Santa Clara County Superior Court

Dog bite cases filed in San Jose are heard at the Santa Clara County Superior Court, 191 N. First Street, San Jose, CA 95113. All limited and unlimited civil cases must be filed at the Downtown Superior Court under Local Civil Rule 1(C). E-filing is mandatory for represented parties. Cases estimated to take more than one day at trial require a Mandatory Settlement Conference before the trial assignment hearing, with the MSC Statement due no later than five court days before the conference.

Related Pages

• San Jose Personal Injury Attorney
• San Jose Premises Liability Attorney
• San Jose Negligent Security Attorney
• San Jose Burn Injury Attorney
• San Jose Wrongful Death Attorney

Attorney Michael Rehm handles dog bite cases throughout San Jose and Santa Clara County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for 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.