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Personal Injury · Dog Bite Liability

Dog Bite Laws in California

Whether California holds a dog owner automatically liable, follows the one-bite rule, or takes a mixed approach — plus landlord liability and the main defenses.

Reviewed by PlainStatute EditorialLast reviewed July 2026Verified against §3342
Dog-bite liability · California
Strict liabilityBites only
The owner is automatically liable for a dog bite — you do not have to prove the dog had ever been dangerous or that the owner knew.
BasisStatute
CoversBites only
Landlord liable?Rarely
Statute§3342

How liability works in California

What the rule is, and what you must show.

What the victim must show
You were bitten — an actual bite, not knocked down or scratched — while in a public place or lawfully on private property, including the owner’s own property.

Note: California’s strict-liability statute is bite-only. A scratch, knock-down, or chase injury is not covered by strict liability and would fall back to ordinary negligence.

Landlords & defenses

Who else can be liable, and what defeats a claim.

Landlord liability
Generally no, not under §3342. A landlord is liable only through common-law negligence (Uccello v. Laudenslayer), which requires actual knowledge of the dog’s dangerous propensity plus the ability to remove it.
Main defenses
TrespassingAssumption of risk (vets & dog pros)Police & military dogs

California’s "veterinarian’s rule" (the Priebe doctrine) treats the risk of a bite as assumed by those whose job is to handle dogs.

The full picture, with the source

Every field, and any recent development.

Liability modelStrict liabilityBites only
BasisStatuteStatute — Cal. Civ. Code §3342
What it coversYou were bitten — an actual bite, not knocked down or scratched — while in a public place or lawfully on private property, including the owner’s own property.
LandlordGenerally no, not under §3342. A landlord is liable only through common-law negligence (Uccello v. Laudenslayer), which requires actual knowledge of the dog’s dangerous propensity plus the ability to remove it.
Main defensesTrespassing · Assumption of risk (vets & dog pros) · Police & military dogs

What California dog-bite victims get wrong

California is a textbook strict-liability state, but read the word "bite" literally. Under Civil Code §3342 an owner is on the hook the moment their dog bites someone who is in public or lawfully on private property — there is no "one free bite," and it does not matter whether the dog had ever growled before. What §3342 does not cover is everything that is not a bite: if a dog knocks you down, scratches you, or chases you into traffic, you are back in ordinary negligence, not strict liability. Landlords are a separate question — they escape §3342 and can be reached only through common-law negligence when they actually knew the tenant’s dog was dangerous and could have removed it.

Common questions

Is California a strict-liability state for dog bites?

Yes. Under Civil Code §3342 the owner is liable for a bite regardless of whether the dog had shown any prior viciousness or the owner knew of it.

Does California’s dog-bite law cover scratches or being knocked down?

No. Section 3342 is bite-only. If a dog scratches you or knocks you over, you must fall back on ordinary negligence rather than strict liability.

Can I sue my landlord if a tenant’s dog bit me in California?

Only through common-law negligence, not §3342. You would need to show the landlord had actual knowledge the dog was dangerous and the ability to remove it (Uccello v. Laudenslayer).

What are the main defenses to a California dog-bite claim?

Trespassing, assumption of risk (for veterinarians and dog professionals under the Priebe doctrine), and the exclusion for police and military dogs performing their duties.

Primary source
Cal. Civ. Code §3342
California Legislative Information · leginfo.legislature.ca.gov
PlainStatute Editorial
Every figure on this page is checked line-by-line against the current statute. Editorial standards →

Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.

Dog-bite liability · other states