California Dog Bite Law 2025: What You Need to Know About Strict Liability

Each year, millions of people in the U.S. are bitten by dogs, with a significant portion requiring medical attention. In California, dog bite incidents are a serious concern, leading to physical injuries, emotional trauma, and financial burdens for victims. According to recent data, California leads the nation in dog attack claims, accounting for over 11% of all claims. Understanding California’s dog bite law, particularly the principle of strict liability, is crucial for both dog owners and potential victims. Are you aware that California Civil Code Section 3342 makes dog owners liable for damages, regardless of the dog’s history?

Understanding California’s Strict Liability Dog Bite Law

California operates under a “strict liability” rule when it comes to dog bites. This means that a dog owner is held responsible for damages if their dog bites someone, regardless of whether the dog has a history of aggression or the owner was negligent. This law is codified in California Civil Code § 3342.

Key aspects of California’s strict liability law:

No “One-Bite” Rule: Unlike some states, California does not follow the “one-bite” rule. This means that a dog owner is liable even if the dog has never bitten anyone before.
Location of the Bite: The law applies if the bite occurs in a public place or if the victim is lawfully on private property, including the dog owner’s property.
Liability for Damages: The dog owner is responsible for covering the victim’s damages, including medical expenses, lost income, pain and suffering, and other related costs.

What’s New in 2025? Updates to Dog Bite Laws

As California continues to address rising personal injury claims, 2025 brings several key updates to its dog bite laws. These changes are designed to clarify liability, strengthen protections for victims, and increase accountability for dog owners across the state.

Key Updates for 2025:

Mandatory Incident Reporting: Any dog bite incident resulting in medical treatment must be reported to local animal control or law enforcement within 72 hours. This rule applies to both victims and dog owners.
Enhanced Owner Liability: Dog owners now face stricter penalties for bites involving dogs with prior incidents on record. Repeat offenders may be subject to higher fines and civil liability.
Clarified Definition of Provocation: The definition of “provocation” has been narrowed, making it harder for owners to avoid liability unless the victim clearly engaged in threatening or illegal behavior.
Required Warning Signage: Owners of dogs with known aggression issues must now post clear signage on their property alerting visitors to the potential danger.

These legislative enhancements increase a bite victim’s ability to:

Prove the owner liable under California’s strict liability law (Civil Code § 3342).
Pursue damages for medical costs, nerve damage, and plastic surgery, psychological trauma or emotional distress, and loss of income and long-term medical care.

Exceptions to Strict Liability

While California’s dog bite law is strict, there are a few exceptions where the owner may not be held liable:

Trespassing: If the victim was trespassing on private property when the bite occurred, the owner may not be liable.
Provocation: If the victim provoked the dog, the owner may not be held responsible. Provocation typically involves actions that would reasonably trigger a dog to protect itself, such as teasing, threatening, or harming the dog.
Law Enforcement/Military Dogs: If the dog is a working law enforcement or military animal performing official duties, the owner may be shielded from liability.

Defenses to Dog Bite Liability in California

A California dog owner may raise several defenses against a dog bite claim. These defenses aim to either negate the elements required for strict liability or reduce the damages the owner must pay. Common defenses include:

Trespassing: The dog owner can argue that the injured person was trespassing on private property when the bite occurred.
Provocation: The owner can claim the injured person provoked the dog.
Comparative Negligence: The owner might argue that the injured person was wholly or partially responsible for their own injuries. Under California’s “pure” comparative negligence rule, a defendant can reduce their liability in proportion to the defendant’s own responsibility for an accident.

Damages You Can Recover

If you’ve been bitten by a dog in California, you may be entitled to recover various types of damages, including:

Medical Expenses: This includes the cost of emergency treatment, ongoing care, and any future medical needs related to the injury.
Lost Wages: You can recover compensation for income lost while recovering from the injury.
Pain and Suffering: This covers physical pain and emotional distress caused by the dog bite.
Scarring and Disfigurement: You may receive additional compensation for permanent scars or disfigurement resulting from the attack.
Property Damage: If personal property, such as clothing or accessories, was damaged during the incident, you may be reimbursed.
Punitive Damages: In cases of extreme negligence or repeat offenses, punitive damages may be awarded to punish the dog owner for their behavior.

Statute of Limitations

In California, the statute of limitations for filing a dog bite lawsuit is generally two years from the date of the incident. It’s important to consult with a personal injury attorney as soon as possible to ensure your claim is filed within the legal deadline.

The Role of Insurance

Dog bite claims are often paid out through homeowners insurance or renters insurance policies. It’s essential to identify the dog owner’s insurance policy and file a claim with their insurer. The insurance company will likely request documentation to support your claim, including medical records, photos of your injuries, witness statements, and police/animal control reports.

What to Do After a Dog Bite

If you’ve been bitten by a dog, taking the right steps immediately following the incident can help protect your health, preserve evidence, and strengthen your claim:

Seek Medical Attention: Even minor-looking bites can lead to serious infections or complications.
Report the Incident: Notify your local animal control agency or police department.
Identify the Dog and Its Owner: Gather as much information as possible about the dog and its owner, including contact information and insurance details.
Document Everything: Take photos of your injuries, torn clothing, and the location of the incident.
Speak with an Attorney: Consulting a personal injury attorney experienced in dog bite cases can help you understand your legal options and guide you through the claims process.

Dog Bite Statistics in California

California has the highest number of dog bite incidents in the United States, with 5,795 cases. In 2023, California had 2,104 claims, totaling $143.3 million in settlements, according to the Insurance Information Institute (III). This averages to about $68,000 per claim in California.

Conclusion

California’s dog bite laws in 2025 continue to hold pet owners and caretakers to strict legal standards, especially when their negligence puts others at risk. Understanding these laws is crucial for both dog owners and potential victims. If you or a loved one has suffered a bite injury, don’t hesitate to seek legal guidance to understand your rights and options for pursuing compensation.