California Dog Bite Law: Are Changes Coming in 2025?

Did you know that California leads the nation in dog bite claims? In 2019 alone, there were 2,396 claims, totaling over $122 million in payouts to victims. With dog bite incidents on the rise, understanding California’s dog bite laws is more important than ever. Are there changes coming in 2025 that could affect your rights or responsibilities? Let’s delve into the details.

Understanding California’s Strict Liability Rule

California operates under a “strict liability” rule when it comes to dog bites. This means that if a dog bites someone in a public place or lawfully on private property, the owner is liable for the damages, regardless of whether the dog has ever bitten anyone before or shown any signs of aggression [2, 3, 5, 6, 9, 15, 19]. This is outlined in California Civil Code § 3342 [3, 5, 9, 10, 12].

What does “lawfully on private property” mean?

A person is considered lawfully on private property if [5, 14, 21, 22]:

They are invited onto the property by the owner (expressly or impliedly).
They are performing a duty imposed by state or federal law (e.g., mail carriers, utility workers).

Potential Changes and Updates in 2025

While the core principle of strict liability remains, 2025 may bring some key updates to California’s dog bite laws [7, 10]. These changes aim to clarify liability, strengthen protections for victims, and increase accountability for dog owners.

Here are some potential areas of change:

Mandatory Incident Reporting: Any dog bite incident resulting in medical treatment may need to be reported to local animal control or law enforcement within 72 hours. This rule could apply to both victims and dog owners [3, 7].
Enhanced Owner Liability: Dog owners could face stricter penalties for bites involving dogs with prior incidents on record [7, 10].
Clarified Definition of Provocation: The definition of “provocation,” often used as a defense in dog bite cases, may be more narrowly defined. This could make it harder for owners to avoid liability unless the victim clearly engaged in threatening or illegal behavior [7].
Required Warning Signage: Owners of dogs with known aggression issues might be required to post clear signage on their property alerting visitors [7].

What to Do After a Dog Bite in California in 2025

If you’re the victim of a dog bite in California, it’s essential to act quickly [3, 7]. Here’s a step-by-step guide:

Seek Medical Treatment: Get medical attention immediately, even if the injury seems minor. Dog bites can cause serious infections and long-term health problems [7].
Report the Bite: Report the bite to animal control or law enforcement within 72 hours [3, 7].
Document Everything: Take photos of the injury, gather witness statements, and keep detailed records of medical treatments and expenses [7].
Consult a Personal Injury Attorney: A lawyer specializing in dog bite cases can help you understand your rights and navigate the legal process [7, 19, 21].

Exceptions to Strict Liability

While California’s strict liability law offers significant protection for dog bite victims, there are some exceptions [2, 3, 9, 12, 14, 19, 22]:

Trespassing: If you were trespassing on private property when the bite occurred, the owner’s liability may be reduced or negated [2, 3, 6, 9, 12, 14, 19, 21, 22].
Provocation: If you intentionally provoked the dog, the owner’s liability might be lessened or eliminated [3, 9, 22].
Military or Police Dogs: There are limited exceptions for bites from working dogs in the police or military while performing their official duties [3, 9, 13, 14].
Veterinarians: Courts have held that owners are generally not liable if their dogs bite veterinarians or vet assistants during treatment [14].

Common Dog Owner Defenses

A dog owner may have a defense under the statute if he or she can prove any one of the following [2, 3, 6, 9, 12, 14, 19, 22]:

Trespass: if the victim trespassed on the property where the dog bite occurred, the owner may claim this defense. However, this is a defense under the statute only, and the owner may be sued for common law negligence [2, 3, 6, 9, 12, 14, 19, 22].
No bite: the statute applies only to injuries caused by an actual bite. If the victim was injured by being jumped on or knocked down, there is no liability under the statute (again common law negligence may be alleged) [2, 3, 6, 9, 12, 14, 19, 22].

Compensation for Dog Bite Injuries

If you’ve been injured by a dog bite, you may be entitled to compensation for [3, 4, 10, 15, 21, 22]:

Medical Expenses: Including past, current, and future treatment costs [3, 4, 10, 15, 21, 22].
Lost Wages: If you’ve been unable to work due to your injuries [3, 4, 10, 15, 21, 22].
Pain and Suffering: Compensation for the physical pain and emotional distress caused by the bite [3, 4, 10, 15, 21, 22].
Property Damage: Reimbursement for damaged clothing or personal property [3, 4, 10, 15, 21, 22].
Rehabilitation or Counseling: Costs associated with physical therapy or psychological counseling [3, 4, 10, 15, 21, 22].

Statute of Limitations

In California, the statute of limitations for personal injury claims, including dog bites, is generally two years from the date of the incident [3, 6]. This means you have two years to file a lawsuit against the dog owner to recover damages [3, 6].

Dog Bite Statistics in California

California leads the nation in dog bite claims [11, 18].
In 2019, there were 2,396 claims in California, totaling over $122 million in payouts [11].
The average cost of a dog attack insurance claim was $49,025 in 2021 [11].
In 2022, nearly 49,000 people in California went to emergency departments because of dog bite injuries [16].

Staying Informed and Protected

As 2025 approaches, it’s crucial to stay informed about any potential changes to California’s dog bite laws. Understanding your rights and responsibilities as a dog owner or a potential victim can help you stay protected and ensure you receive fair compensation if an incident occurs.