California Dog Bite Law: Strict Liability, 2-Year Deadline

Liability rule	Strict liability for bites (Civil Code § 3342)Public place or lawfully on private property, including the owner's.¹
Who is liable	The owner onlyKeepers and landlords answer only under common law or negligence.¹⁵
Deadline to sue	2 years from the biteCode Civ. Proc. § 335.1.⁷
Claim against a city or county	6 months to present a written claimGov. Code § 911.2.⁹
Comparative fault	Pure comparative negligenceLi v. Yellow Cab Co. (Cal. 1975).⁶
Rabies observation	10 days after the bite17 Cal. Code Regs. § 2606.¹⁴
Dangerous-dog classes	Potentially dangerous dog; vicious dogFood & Agric. Code §§ 31602–31603.¹⁶

How dog bite liability works in California

California has had a dog bite statute since 1931, codified as Civil Code § 3342 in 1953². It removes the old question of whether the owner knew the dog was dangerous. The owner is liable for a bite to anyone in a public place or lawfully on private property, including the owner's own home, "regardless of the former viciousness of the dog or the owner's knowledge of such viciousness"¹. The statute reaches only bites, but a bite need not break the skin: in Johnson v. McMahan (1998), a puppy's jaws closing on a man's trousers was enough⁴.

The statute names the owner only. A dog sitter, a relative minding the dog, or a landlord is not liable under § 3342; claims against them run on common-law strict liability, which requires proof that they knew or had reason to know of the dog's vicious propensities, or on negligence¹². The same fallback applies to injuries that are not bites, such as a dog knocking a cyclist down.

Three limits do most of the work for defendants. The person must have been lawfully present: invited, expressly or impliedly, or there on a legal duty such as mail delivery¹. Veterinarians, vet assistants and kennel workers are barred by the veterinarian's rule, which the California Supreme Court applied to kennel staff in Priebe v. Nelson (2006)². And government police and military dogs are exempt when used under a written agency policy against a suspect or participant¹.

The rest of California's bite law sits outside the Civil Code. Counties run rabies quarantine under a state health regulation, and dangerous-dog hearings follow a 1989 chapter of the Food and Agricultural Code that a 2025 reform bill failed to replace¹⁴¹⁶²⁴. The two-year filing deadline is the general personal-injury period, not a dog-specific rule, and it shrinks to a six-month claim when a public agency's dog or shelter is responsible⁷⁹. See strict liability dog bite states for how California compares nationally.

The California dog bite statute

The owner of any dog is liable for the damages suffered by a person bitten while in a public place or lawfully in a private place, including the owner's property, regardless of the dog's past behavior or the owner's knowledge¹. A person is lawfully on the owner's property when there by express or implied invitation, or to perform a duty under state or federal law or postal regulations¹. A government agency is not liable under the statute for a police or military dog that bites a suspect or participant during an arrest, investigation, warrant service or defense of an officer, but only if the agency has a written policy on dog use¹.

Law: Cal. Civ. Code § 3342 (Dog bite statute), enacted 1931; last changed 1988: exception for government police and military dogs added (Stats. 1988, ch. 298)
Injuries covered: Bites only
Where: Public places, or lawfully on private property
Who is liable: The owner
Damages: All damages, under the ordinary rules

Other ways to prove liability

Common-law claims sit alongside the statute and matter wherever § 3342 does not reach: non-bite injuries, claims against keepers or landlords, and plaintiffs barred by the veterinarian's rule. The owner of a domestic animal who knew or had reason to know of its vicious propensities is strictly liable for the harm it causes, and Priebe let a kennel worker pursue that claim even though her statutory claim failed². Negligence claims can be brought alongside both². A separate statute requires the owner of a dog that has bitten someone to take reasonable steps to remove the danger, and states that this duty does not affect § 3342 liability¹³.

Defenses owners raise

Trespassing: The statute protects only people in a public place or lawfully on private property. A trespasser cannot use § 3342 and must prove the owner's knowledge or negligence instead¹.
Veterinarians and dog professionals: Under the veterinarian's rule, a veterinarian or vet assistant treating a dog assumes the risk of a bite. Priebe v. Nelson, 39 Cal. 4th 1112 (2006), extended the rule to a kennel worker caring for a boarded dog, but left open a common-law claim if the owner knowingly hid the dog's vicious history².
Assumption of risk: In Gomes v. Byrne, 51 Cal. 2d 418 (1959), the California Supreme Court held that the Legislature did not intend § 3342 to remove "such defenses as assumption of risk or wilfully invited injury"³. A person who knowingly and voluntarily takes on a known risk from the dog can lose the statutory claim.
Police dogs: A government agency is exempt from § 3342 when its dog bites while defending itself from provocation or helping an officer apprehend a suspect, investigate a crime, serve a warrant or defend a person. The exemption requires a written agency policy and does not apply to bystanders who were not involved or suspected¹.

Shared fault

Pure comparative fault (Li v. Yellow Cab Co., 13 Cal. 3d 804 (1975); Cal. Civ. Code § 1431.2).

California uses pure comparative negligence: a plaintiff's damages are reduced by their share of fault, even above 50 percent, and are never barred outright⁶. How ordinary negligence by the bitten person affects a § 3342 claim has not been squarely decided by the California Supreme Court; Gomes v. Byrne reserved the question while confirming that assumption of risk and wilfully invited injury remain defenses³. Where several defendants share fault, such as an owner and a landlord, each pays non-economic damages only in proportion to their own fault¹¹.

How the five fault systems compare: provocation, trespass and shared fault.

California dog bite statute of limitations

2 years (Cal. Code Civ. Proc. § 335.1)

A suit for personal injury must be filed within two years of the bite⁷. Against a public entity (for example a city's animal shelter or a police K-9 unit), a written claim must be presented within six months; if the claim is rejected in writing, suit must follow within six months of that notice⁹¹⁰. A late-claim application is possible only within one year of the bite²⁷.

Children. For a bitten child, the time before age 18 is not counted, so the two years run from the 18th birthday⁸. This tolling does not apply to claims against public entities, where the six-month claim rule still governs⁸²⁷.

Work out your own date with the dog bite claim checker, or compare deadlines in every state.

Damages

Section 3342 makes the owner liable for "the damages suffered", with no statutory cap or multiplier¹. That covers economic losses such as medical expenses, lost earnings and the cost of substitute household help, and non-economic losses such as pain, suffering, mental suffering, emotional distress and humiliation¹¹. Punitive damages require clear and convincing evidence of oppression, fraud or malice; malice includes despicable conduct carried on with a willful and conscious disregard of the safety of others¹².

Landlords and property owners

A landlord is not liable under § 3342¹. Under Uccello v. Laudenslayer, 44 Cal. App. 3d 504 (1975), a landlord owes a duty to a tenant's guests only when the landlord has actual knowledge of the dangerous dog and the right to have it removed, for example by ending the tenancy⁵. There is no duty to inspect for dangerous dogs, but actual knowledge can be proved by circumstantial evidence, not only by admission⁵. See landlord liability for dog bites.

Insurance

No California statute limits homeowners or renters insurers' use of dog breed. A 2023 bill to ban breed-based refusals and cancellations (AB 703) died in committee in January 2024 without a hearing²⁵. State law also sets no insurance minimum for owners of potentially dangerous or vicious dogs¹⁸.

California ranked #1 in the United States for dog-related homeowners insurance claims in 2025: 2,830 claims with an average cost of $81,789 (national average $65,450), according to the Insurance Information Institute and State Farm. These are insurer payouts, not court awards.

More on coverage, breed exclusions and renters policies: dog bite insurance.

AB 793: the dangerous-dog overhaul that stalled

The 1989 dangerous-dog chapter has barely changed in substance, and a 2025 attempt to rewrite it did not pass. Assembly Bill 793 would have amended Food and Agricultural Code §§ 31601–31683 to change the burden of proof in designation hearings, define "unprovoked" and add new disposition rules²⁴. It passed the Assembly 68–0 in April 2025 and cleared the Senate Judiciary Committee, but the Senate Appropriations Committee held it under submission on August 29, 2025, and no further action was taken before the 2025–2026 session ended²⁴. The chapter in force in October 2026 is the 1989 text with minor amendments in 2005, 2017 and 2019¹⁶¹⁷²⁰. Owners and bite victims reading commentary about AB 793 should treat it as a proposal, not law.

A bite does not have to break the skin

California courts read "bitten" in § 3342 literally. In Johnson v. McMahan, 68 Cal. App. 4th 173 (1998), a man repairing a swamp cooler was on a ladder when the owners' five-month-old dog jumped at him and closed its jaws on his trousers. The trial court ruled that the statute did not apply because he suffered no wound. The Court of Appeal reversed: the statute applies even when the person bitten does not suffer a wound⁴. The practical effect is that a fall or other injury caused by a bite can fall under strict liability, while the same fall caused by a jump without a bite must be proved under common law or negligence¹².

Bite reports and quarantine

In a declared rabies area, the local health officer must be notified whenever a person is bitten by an animal of a species that can carry rabies, whether or not the animal looks sick¹⁴. The state has declared all 58 counties rabies areas every year since 1987, so every dog bite to a person in California is reportable¹⁵. The California Department of Public Health reads the rule as requiring a report of all mammal bites to the local health officer, usually through county animal control or public health²⁶.

A dog that bites a person must be isolated and observed for 10 days, in a place and manner the local health officer approves; this is mandatory statewide¹⁴¹⁵. A dog held in a shelter or veterinary hospital under veterinary observation can be released after 5 days if a veterinarian examines it and certifies no signs of disease¹⁴. State guidance treats shelter confinement as the ideal and allows home quarantine under local ordinances only when rabies risk is low, for example a healthy, vaccinated dog that was provoked; breaking home quarantine can lead to removal at the owner's expense¹⁵.

Dangerous-dog hearings, euthanasia orders and criminal penalties are covered on California dangerous dog law.

Questions about California dog bite law

Is California a one-bite state?

No. Since 1931 California has imposed strict liability on dog owners for bites, so the first bite counts¹². The one-bite idea survives only for claims outside the statute, such as non-bite injuries or claims against someone other than the owner, where knowledge of the dog's vicious propensities must be proved².

Can I sue if a dog bit me on the owner's property?

Yes, if you were there lawfully: invited, expressly or impliedly, or performing a legal duty such as delivering mail¹. The statute expressly includes the owner's own property. A trespasser cannot use § 3342¹.

My child was bitten. How long do we have?

The two-year limit does not run while a child is under 18, so a suit can be filed until the child's 20th birthday⁷⁸. If a public entity is responsible, for example a city shelter or a police dog, the six-month claim deadline applies regardless of age⁸⁹. See child dog bites.

Can a vet tech or kennel worker sue the dog's owner?

Usually not under § 3342. The veterinarian's rule treats veterinarians and their assistants as assuming the risk of a bite during treatment, and Priebe v. Nelson (2006) applied it to a kennel worker caring for a boarded dog². A common-law claim can still succeed if the owner knew the dog was vicious and failed to disclose it².

Will my dog be put down for biting someone in California?

Not automatically. A bite triggers a 10-day rabies observation¹⁴. Euthanasia requires either a hearing that finds the dog vicious and a significant threat¹⁸, a court order after two separate bites¹³, or a criminal conviction under Penal Code § 399.5²². See my dog bit someone.

Official contacts

Office	For
California Department of Public Health, Veterinary Public Health Section	Rabies rules and bite-management guidance for local health departments
State Bar of California, certified lawyer referral services	Find a certified lawyer referral service

Sources

California Civil Code § 3342, California Legislative Information. Checked 17 October 2026.
Priebe v. Nelson, 39 Cal. 4th 1112 (2006), CourtListener (Supreme Court of California opinion). Checked 17 October 2026.
Gomes v. Byrne, 51 Cal. 2d 418 (1959), CourtListener (Supreme Court of California opinion). Checked 17 October 2026.
Johnson v. McMahan, 68 Cal. App. 4th 173 (1998), CourtListener (California Court of Appeal opinion). Checked 17 October 2026.
Uccello v. Laudenslayer, 44 Cal. App. 3d 504 (1975), CourtListener (California Court of Appeal opinion). Checked 17 October 2026.
Li v. Yellow Cab Co., 13 Cal. 3d 804 (1975), CourtListener (Supreme Court of California opinion). Checked 17 October 2026.
California Code of Civil Procedure § 335.1, California Legislative Information. Checked 17 October 2026.
California Code of Civil Procedure § 352, California Legislative Information. Checked 17 October 2026.
California Government Code § 911.2, California Legislative Information. Checked 17 October 2026.
California Government Code § 945.6, California Legislative Information. Checked 17 October 2026.
California Civil Code § 1431.2 (Proposition 51), California Legislative Information. Checked 17 October 2026.
California Civil Code § 3294, California Legislative Information. Checked 17 October 2026.
California Civil Code § 3342.5, California Legislative Information. Checked 17 October 2026.
Cal. Code Regs. tit. 17, § 2606 (Rabies, Animal), Legal Information Institute, Cornell Law School. Checked 17 October 2026.
Investigation, Management, and Prevention of Animal Bites in California, California Department of Public Health. Checked 17 October 2026.
California Food and Agricultural Code §§ 31601–31609 (definitions), California Legislative Information. Checked 17 October 2026.
California Food and Agricultural Code §§ 31621–31626 (judicial process), California Legislative Information. Checked 17 October 2026.
California Food and Agricultural Code §§ 31641–31646 (disposition), California Legislative Information. Checked 17 October 2026.
California Food and Agricultural Code §§ 31662–31663 (penalties), California Legislative Information. Checked 17 October 2026.
California Food and Agricultural Code §§ 31681–31683 (miscellaneous; breed rule), California Legislative Information. Checked 17 October 2026.
California Penal Code § 399, California Legislative Information. Checked 17 October 2026.
California Penal Code § 399.5, California Legislative Information. Checked 17 October 2026.
California Health and Safety Code § 122331, California Legislative Information. Checked 17 October 2026.
AB 793 (2025–2026): Potentially dangerous and vicious dogs, bill history, California Legislative Information. Checked 17 October 2026.
AB 703 (2023–2024): Residential property insurance: dog breeds, bill history, California Legislative Information. Checked 17 October 2026.
Rabies Information for Local Health Departments, California Department of Public Health. Checked 17 October 2026.
California Government Code § 911.4, California Legislative Information. Checked 17 October 2026.

Key rules in California