California Civil Code Section 3342(a) Dog Bite Liability

California Civil Code Section 3342(a) states the owner of any dog is liable for damages caused by a dog bite. Even if the dog has not shown any aggressive behavior in the past, the owner is still liable. California is a strict liability state, so it does not matter whether the dog owner was careless or not, they are still liable if their dog bites another person. The code also states the owner is liable if the victim is bitten on public or lawfully private property.

Exceptions to Dog Bite Liability

An exception to dog bite liability is if a person was unlawfully on someone else’s property and they were bitten by their dog.

CCC Section 3342 (a) clarifies a person is lawfully on private property once they’re invited by the owner or asked to perform any duty imposed upon them by the state of California or postal regulations of the United States.

California Civil Code Section 3342 (b) removes dog bite liability from government agents dogs, stating:

“Nothing in this section shall authorize the bringing of an action pursuant to subdivision (a) against any governmental agency using a dog in military or police work if the bite or bites occurred while the dog was defending itself from an annoying, harassing, or provoking act, or assisting an employee of the agency in any of the following:

1. In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect’s involvement in criminal activity.
2. In the investigation of a crime or possible crime.
3. In the execution of a warrant.
4. In the defense of a peace officer or another person.

Dog bite provocation is another exception to dog bite liability. If a dog bite was provoked by a person hitting or teasing the animal, the owner of the dog is not responsible for damages. Dogs are considered to be provoked if a person steps on their tails, hits them with a stick, or intentionally disturbs them while they are eating.

What is Considered a Dog Bite In California?

A dog bite occurs when a dog grabs a person with its teeth and closes its jaw around them. A person’s skin does not have to be broken for this action to be considered a bite. The dog’s attempt to bite is considered a bite because the victim may suffer other injuries attempting to avoid a dog bite, or removing their clothes from a dog’s bite.

Dog Bite Ranking Per City

According to the USPS, in 2023 and 2022, California has the most dog bite incidents than any other state in the United States. Los Angeles is also the number one city for dog attacks with San Diego, Long Beach, Sacramento, and San Francisco landing in the top 20. For this reason, mail carriers are trained to be aware of potential dangers when entering a dog’s territory. Their training can be helpful to ordinary citizens when encountering a dog they are unfamiliar with. This training includes:

• Make a non-threatening noise such as rattling the fence to alert the dog to your presence
• Avoid startling the dog or frightening them
• Keep your eyes on the dog and assume they will bite, even if they’re friendly
• Do not attempt to pet or feed the dog
• Use your foot to stop an outward swinging door in case the dog lunges at you or tries to escape

How to Recover Damages from a Dog Bite

California allowed a “one free bite” rule until it was eliminated in 1931 by the strict liability law. This dog places liability squarely on the shoulders of the owner, even if this is the first time their dog has bitten someone. In order to recover damages from a dog bite, the victim must prove:

• The dog was owned by the defendant
• The bite took place on public property or the victim has a lawful right to be on private property when they were bit
• The victim suffered an injury as a direct result of the dog bite

Contact a Dog Bite Liability Lawyer

If you’ve sustained injuries from a dog bite or your dog has bitten another person, it is advisable to speak with a dog bite liability lawyer about the incident. At Maison Law, we prioritize the safety and well-being of dog owners and dog bite victims alike. Our team of liability attorneys will help you understand the legal avenues available to you and recommend the best course of action for your situation. Contact Maison Law today for a free consultation and case evaluation. There are no upfront costs and you don’t pay a cent until we’ve won your case.