The state of California imposes strict liability for dog bite injuries. A dog owner is legally responsible for damages and injuries caused as a result of a dog bite. Whether the dog bites another animal or person, it is important to comprehend how California law treats dogs after they inflict an injury with a bite and what rights and responsibilities the victims and owners have.

Dog attacks in California are a common problem, injuring over 38,000 local residents per year. (California Office of Statewide Health Planning and Development, Dog Bites: Emergency Department Data 2010-2015)

California is a statutory strict liability state. Its dog bite statute makes the owner of a dog responsible for a dog bite from the moment he or she owns the dog, provided that the victim was not illegally trespassing a private property, provoking the dog, injured by his employer's dog while on company time, or performing a paid job involving the dog. In California, the victim is not required by law to prove negligence. 

California Dog Bite Civil Code section 3342.

(a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.

A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner. 

(b) Nothing in this section shall authorize the bringing of an action pursuant to subdivision (a) against any governmental agency using a dog in military or police work if the bite or bites occurred while the dog was defending itself from an annoying, harassing, or provoking act, or assisting an employee of the agency in any of the following:

(1) In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect's involvement in criminal activity.

(2) In the investigation of a crime or possible crime.

(3) In the execution of a warrant.

(4) In the defense of a peace officer or another person.

(c) Subdivision (b) shall not apply in any case where the victim of the bite or bites was not a party to, nor a participant in, nor suspected to be a party to or a participant in, the act or acts that prompted the use of the dog in the military or police work.

(d) Subdivision (b) shall apply only where a governmental agency using a dog in military or police work has adopted a written policy on the necessary and appropriate use of a dog for the police or military work enumerated in subdivision (b).

Damages Available For Dog Bite Cases In California

In California, any person who is injured as a result of a dog bite can file a lawsuit to claim monetary compensation for any expenses related to the dog bite injury.

In our experience, some of the most common damages we sought for clients who are victims of a dog bite are:

• Hospital expenses

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• Physical therapy expenses

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• Lost wages

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• Loss of future earnings

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• Pain and suffering

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• Loss of the use of a limb as a result of the dog bite

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• Psychological counseling, when the incident has caused emotional distress and panic of dogs.