California Dog Bite Laws: What Every Victim Should Know

California Dog Bite Laws: What Every Victim Should Know

• October 1, 2025
• Categories: Personal Injury

California has some of the strongest legal protections for dog bite victims in the United States. Understanding California dog bite laws is crucial for anyone who has suffered a dog attack.  Unsuspecting pedestrians, bicyclists, and even motorcyclists can come into contact with aggressive canines without warning and through no fault of their own.  Severe dog attacks can leave a person disfigured, with multiple lacerations and puncture wounds, sometimes resulting in life-threatening infections.

California’s Strict Liability Rule and Dog Bites

California operates under a “strict liability” standard for dog bites. This standard significantly favors victims (rather than dog owners) compared to many other states in the nation.  Under California Civil Code § 3342, dog owners are held strictly at fault for damages if their dog bites an individual, regardless of whether . . .

• An owner knew the dog was dangerous
• A dog has shown aggressive behavior before
• An owner took precautions to prevent their dog from biting.

The very first bite by a dog makes an owner legally liable for damages in California. This is an important difference from states with a “one-bite rule” – which means a dog owner is only liable if their dog has bitten someone before or shown aggressive tendencies in the past. The strict liability statute specifically states:

“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.”

Are There Limits to California’s Strict Liability Law for Dog Bites?

There are indeed limits to California’s strict liability law where dog bites are concerned. These limits include:

1. The rule applies only to dog bites, not other non-bite injuries involving dogs.
2. The law doesn’t apply to individuals who are unlawfully trespassing on private property.

For strict liability to apply, a person must be bitten either while on public property or while legally on private property. A person is considered legally on private property if they’ve been implicitly invited or if their job requires them to enter a private property, such as in the case of a package delivery person, mail carrier, or someone similarly employed.

Courts in California have generally ruled that a dog owner cannot be held liable if their dog bites a veterinarian or vet technician during treatment. In a similar way, police and military dogs are also exempt from liability if they bite a person while defending someone or doing law enforcement work. However, police dogs are not exempt from liability when they bite a person not suspected of criminal activity, such as a bystander during a burglary. The burglary suspect, not surprisingly, cannot sue if they’re bitten by a military or police dog.

Also, California’s strict liability law does not apply if a person is injured by a dog that doesn’t actually bite them. For example, a motorcyclist who runs off the road and collides with a tree – thereby breaking several bones and puncturing a lung – because a dog is chasing them, cannot sue a dog owner under strict liability.  That’s because it’s a non-bite injury. The motorcyclist, though, could potentially seek compensation via a personal injury claim if there’s evidence that the dog owner was negligent.

If all of this sounds confusing, that’s because it is. The application of strict liability in these cases can be complex, and that’s when a skilled and experienced dog bite lawyer can help.

Why Choose Neale & Fhima as Your Dog Bite Attorney?

At Neale & Fhima, our dog bite lawyers have more than 40 years of combined experience in handling personal injury cases in California.  Our law firm has recovered more than $50 million in rightful compensation for injury victims throughout Southern California. We know the complexities of strict liability in Orange County dog biting cases, and we use this knowledge to pursue the highest compensation possible for our clients. Attorney Aaron Fhima is among the best and the brightest when it comes to negotiating aggressively with insurance companies and winning cases. We’re not afraid to take a case to trial, if necessary. Our legal team is transparent and will explain to you the legal process, potential challenges, and estimated value of your claim before you make a decision about hiring us. We have many satisfied clients who refer friends and family to our law firm.

Different Definitions for Dogs in California That Pose a Threat

California’s strict liability rule applies to all dog bite claims, but there are special legal provisions when a dog attack involves animals that have a previous history of biting or engaging in dangerous behavior.  These additional laws impose severe penalties for biting dogs, including euthanasia.

A dog is considered “potentially dangerous” if it has:

• bitten someone without provocation, resulting in a non-serious injury,
• forced individuals to defend themselves from aggressive behavior by the dog, when not on the owner’s property, at least two times in the past three years, or
• killed/injured a domestic pet without provocation two times in the past three years.

Dogs that have been identified as potentially dangerous must be kept indoors, on a tight leash, or in a fenced yard.

A dog is considered “vicious” if:

• a court has previously declared the dog potentially dangerous, and either the owner disobeys a court order to take specific steps to prevent the dog from biting, or
• the animal has injured or killed someone without provocation.

The law allows animal control to destroy a vicious dog if it poses a serious threat to the public, and an owner could be stopped from having a dog for up to three years. Important to note, though, is that California state law bars cities and municipalities from declaring dogs dangerous or vicious just because of a dog’s breed. (Cal. Food & Agr. Code § 31683 (2024))

Statute of Limitations for Dog Bite Claims

While California doesn’t have a specific statute of limitations for dog-bite cases, such claims do fall under the overarching personal injury category, which is handled in civil court.  The statute of limitations for personal injury cases in California (including dog bites) is two years.  If you fail to file your claim within this window of time, a court can dismiss your case, barring you from recovering damages.

Trust Neale & Fhima to Represent You in Your Dog Bite Lawsuit

At Neale & Fhima, our experienced dog bite attorneys have an outstanding record of success in fighting for injured victims.  We’ve recovered tens of millions of dollars for our clients throughout Southern California. We are committed to getting the maximum payout possible in every case, and we will aggressively enforce your legal rights when negotiating with insurance companies. Dog bites can be very serious and sometimes life threatening. Some victims have suffered horrendous facial injuries and even amputation and loss of limbs. Our compassionate staff understand that you’ve been through a traumatic experience, and we’ll treat you with care and understanding. If you’ve suffered a dog bite and sustained serious injuries, call us for a free consultation at 888-407-2955.