What follows is our general observations and opinions. It is not legal advice, and it is not a definitive statement of California law. Every situation depends on its own facts.
California treats dog bites differently from most injury claims. Our reading of Civil Code section 3342 is that the owner of a dog is liable for damages suffered by a person bitten in a public place, or lawfully in a private place, regardless of the dog’s former viciousness or the owner’s knowledge of it. In plain terms, the injured person generally does not have to prove the owner did anything careless, and does not have to establish that the dog had bitten before.
That removes the element most injury claims turn on. It does not remove every obstacle, and in our experience the real contests in these cases are about three other things: whether the person was lawfully where they were, whether the injury was a bite, and whether there is insurance to respond.
What the statute requires, and what it does not
As we read it, the rule applies where the person bitten was in a public place or lawfully on private property — including on the owner’s own property, where they were there lawfully. A guest, a delivery driver, a postal worker and a contractor are all ordinarily in that category. Someone who has climbed a fence into a yard generally is not.
The word “bitten” is doing real work. The strict liability rule addresses bites. Injuries a dog causes in other ways — knocking an elderly person over, causing a cyclist to swerve, a large dog jumping up at a child — sit outside it in our view, and are analyzed as ordinary negligence instead. That is not fatal to the claim, but it changes what has to be proved: an off-leash dog in an on-leash area, or an owner who knew the animal lunged at strangers, becomes the center of the case rather than a detail.
The statute also addresses the owner. It does not by its terms make everyone connected to the dog liable, which is why identifying who actually owned or harbored the animal matters more in these cases than people expect.
The defenses that still apply
Strict liability is not the same as automatic recovery, and we think it is worth being candid about what remains available to the other side.
- Trespass. If the person was not lawfully present, the statutory route is generally unavailable.
- Provocation. Conduct by the injured person that provoked the animal can reduce or defeat recovery. This is argued far more often than it succeeds, particularly where a child is involved, but it is argued.
- Comparative fault. California applies pure comparative fault, so a percentage of responsibility assigned to the injured person reduces recovery rather than eliminating it.
- Assumption of risk in certain roles. A person whose occupation involves handling dogs — a groomer, a veterinary assistant, a kennel worker injured by a dog in their care — may face an argument that the ordinary rule does not apply in the same way.
- Working police and military dogs. Our reading is that the statute contains a carve-out for defined law enforcement and military circumstances.
Insurance is usually the case
This is the part that decides outcomes, and it is worth saying plainly: a dog bite claim is generally only as good as the policy behind it.
Homeowners and renters policies commonly provide liability coverage that responds to a dog bite, whether the incident happened at home or elsewhere. So the first questions we ask are whether the owner owns or rents, whether a policy is in force, and whether it carries a breed exclusion or a prior-bite exclusion — both of which have become more common. A policy that excludes the breed involved can turn a strong liability case into a claim against an individual with no assets.
Where the bite happens in a rental property, the landlord is sometimes a second avenue, but not automatically. In our view a landlord is not liable simply because a tenant’s dog bit someone; what tends to matter is whether the landlord knew of a dangerous animal on the property and had the ability to do something about it. That is a knowledge question, and it is usually answered by complaint records and correspondence rather than by the incident itself.
What to do in the first week
Medical attention first, and not only for the obvious reason — the treatment record is the evidence. Bites carry real infection risk, and the difference between a wound seen on day one and one seen on day five is visible in the notes.
Beyond that: identify the owner and get their contact and insurance details at the scene if at all possible, because an unidentified dog is frequently an uninsurable claim. Report the bite to the local animal control agency — in the city that is the Department of Animal Services, and elsewhere in the county the relevant county agency. The report creates a dated, independent record and may surface prior incidents involving the same animal. Photograph the injury repeatedly as it changes, and photograph the location, the fencing and any signage. Keep the clothing. And get the names of witnesses, since ownership and location are the two facts most often disputed later.
Scarring, children, and being realistic about value
We will not put figures on these, and we would be cautious of anyone who does. What we can say about how these claims are assessed is that the medical cost is frequently a small part of it. Permanent scarring, particularly facial scarring, and the cost of revision surgery tend to matter more than the emergency department bill. Where a child is involved, a court’s approval is generally required before a settlement on their behalf can be completed, and the funds are typically protected until they reach adulthood — which is a process worth understanding at the start rather than discovering at the end.
Psychological injury is genuine in these cases and frequently under-documented. A child who will not walk past a neighbor’s gate has suffered something real, and it needs recording contemporaneously by someone qualified to record it.
No outcome is ever guaranteed, and past results do not predict future results.
How we work on these
Injury matters are handled under a written fee agreement, with our fees drawn from any recovery and costs treated separately. We will tell you honestly if we think a claim is weak or, just as importantly, if there is no policy worth pursuing — that conversation is better had in week one than in month eight.
If you or your child has been bitten in Los Angeles and you are not sure whether there is a claim worth making, call us at (310) 556-9692.
Related reading: our personal injury resource page, plus medical liens and what you actually take home, who is responsible for a Los Angeles sidewalk injury, and the six-month deadline for claims against a public entity.
These are our general observations and opinions only. They are not legal advice and not a definitive statement of California law, every situation turns on its own facts, and reading this does not create an attorney-client relationship between us.
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