Are California Dog Owners Always Liable for Bites?
Short answer: usually yes, but not always. California’s dog-bite statute makes owners responsible when their dog bites you in a public place, or when you are lawfully on private property. Some narrow exceptions apply, and timing, proof, and insurance all matter. Here’s how the rule works, what can change the outcome, and what steps help you protect your claim.
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The Core Rule: Strict Liability for Bites
California uses strict liability for dog bites. You do not need to prove the owner knew the dog was dangerous. You must show a bite happened, and that you were in a public place or lawfully on private property (for example, invited in, delivering mail, or otherwise allowed there).
Key timing rule on California dog bite owner liability: you generally have two years from the date of injury to file a lawsuit for personal injury in California. Miss that deadline, and a court can dismiss your case.
When Strict Liability Applies
You strengthen your claim when these common facts line up. Before the list, keep in mind that details in dog-bite cases drive results, and small differences can change outcomes. Use these points to check where you stand, then gather proof early.
- You were in a public place. Parks, sidewalks, apartment hallways, and other public areas count. Owners remain liable if the dog bites you there, even if the dog never bit before.
- You were “lawfully” on private property. You had the owner’s express or implied invitation, you were a guest, a delivery worker, or performing a duty authorized by law (like postal delivery).
- The injury was a bite. The statute covers bites specifically. Scratches or knock-downs can still support a negligence claim, but the strict-liability bite statute focuses on bites.
When Dog Owners May Avoid Liability
Are California dog owners always liable for bites? Strict liability has exceptions. Read these carefully, because they narrow the rule rather than overturn it. Courts look at where you were, what you were doing, and whether a law-enforcement animal caused the injury.
- Trespassing. If you were not lawfully on the property, strict liability doesn’t apply. The statute covers victims who are in a public place or lawfully on private property.
- Police or military dogs during duty. Government agencies do not face strict liability for bites by working dogs that occur while assisting an officer (for example, apprehending a suspect), as long as they have a written use policy. This exception does not apply if you were an uninvolved bystander.
California Dog Bite Trends and Why They Matter to Your Claim
Recent data show dog-bite injuries remain a real issue statewide. In 2022, California recorded 48,596 emergency-room visits for dog bites (about 125 per 100,000 residents), a rate roughly 70% higher than in 2005; hospitalizations also increased over that period. Nationally, CDC data show dog-bite deaths are rare, but the number of deaths increased during 2011–2021.
These patterns matter because insurers track severity and frequency. When claims rise, adjusters often push harder to save costs, which can affect your first offer and your negotiation strategy.
Building Proof That Moves the Needle
Strong cases rest on medical records, photos, incident reports, and witness statements. Report the bite to local animal control and your health provider, and follow rabies guidance; state and county public-health authorities direct victims to report animal bites immediately so officials can evaluate quarantine and vaccination status.
Depositions — sworn statements from you, witnesses, or experts — are taken to build a strong factual record. If a settlement is not reached, the information collected during this phase will form the backbone of your case in front of the judge and jury.
Expert witnesses can raise credibility and clarify technical issues like scarring, nerve damage, or biomechanics. Jurors and judges are more likely to trust information from an experienced professional than from the parties involved in the lawsuit. An orthopedic surgeon or accident engineer can lend immediate credibility.
Who Pays: Insurance and Settlement Realities
Homeowners and renters insurance often acknowledge California dog bite owner liability, but limits and exclusions vary. Expect gamesmanship: The first settlement offer for your car accident injury claim is almost always much lower than what you deserve.
Think of it as their opening move in a negotiation; insurance providers are really tasked to make lowball offers for as long as they can get away with it. The mindset carries over to many injury claims, including dog bites, so prepare to push back with facts.
If you negotiate a payout, read the paperwork with care. In some situations, a settlement might address one part of your claim, but standard settlement agreements in personal injury cases usually include a full release of liability. Always discuss the terms carefully before you say yes to the offer, and receive compensation.
Fees and Access to Counsel for a Dog Bite
You can hire a lawyer under a contingency fee so you pay nothing up front. The contingency fee arrangement typically ranges from 25% to 40%. This is outlined in the contract from the get-go. Remember that this fee is only applicable if the case results in a successful end.
What To Do After a Bite (Simple Checklist)
You improve both your health and your claim when you act fast. The following steps keep you safe, document key facts, and align with state public-health guidance.
- Get medical care and document it. Photograph every wound as it evolves. Follow your provider’s instructions.
- Report the bite immediately to animal control in your county or city, and keep the report number. Los Angeles County, for example, requires all animal bites to people to be reported right away.
- Collect evidence. Names and contacts for witnesses, the owner’s name and address, dog description, tags, vaccination status, and any surveillance footage.
- Track costs and effects. Save receipts, missed-work notes, and a pain log to support damages.
- Call a lawyer early. A personal injury lawyer specializing in dog bite cases can send preservation letters, manage insurer calls, schedule expert consults, and file suit within the two-year deadline if talks stall.
Bottom Line: Make the Law Work For You
Are California dog owners always liable for bites? The state’s strict-liability rule gives you a clear path to compensation in most bite cases, and public-health reporting creates a paper trail that supports your claim. When exceptions or lowball offers get in the way, pair solid evidence with expert testimony, evaluate settlement language with care, and keep the two-year clock in sight. That combination puts you in the best position to recover and move forward.
Dog bite in California? Waiting will hurt your case. Get a Free Consultation Now with RTM Law — available 24/7. No fee unless we win. Call (855) 786-9467, or start your claim online. Hablamos Español and Filipino.
Do you need compassionate support and effective representation?
No fees until we win. Available 24/7.
