Is a dog owner strictly liable for a dog bite in California?

What the Law Says

California imposes strict liability on dog owners for injuries caused by dog bites — meaning the victim does not need to prove the owner was negligent or knew the dog was dangerous.

Under California Civil Code § 3342, a dog owner is liable for damages suffered by a person bitten by the dog while that person is in a public place or lawfully in a private place — including the property of the dog owner.

This rule applies even if the dog has never bitten anyone before and even if the owner took reasonable precautions. The law focuses solely on ownership and the fact of the bite — not fault or intent.

The statute does not cover other types of dog-related injuries (e.g., tripping over a dog or being knocked down), only actual bites. Those may fall under general negligence rules instead.

Statutory Text

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, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.

— Civil Code § 3342 — Liability for dog bites

What Courts Have Said

California courts have consistently upheld the strict liability standard under Civil Code § 3342, emphasizing that the statute eliminates the need to prove the owner’s knowledge or negligence.

What to Do

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