California One Bite Dog Law

California civil code section 3342 3324 5.

California one bite dog law.

Some states have a one bite rule under which an owner would not be liable for a dog bite unless the dog was known to have bitten before. California is a strict liability state. When dog owners are strictly liable for bites. California dog bite law imposes strict liability on owners.

California does not use the one bite rule for most dog bite cases instead it holds dog owners strictly liable for the legal damages caused by their dog s bites. It does not recognize the one bite law at all. California food and agricultural code section 31601 et seq. Civil liability for dog bites.

This means the owner of a dog who bites someone is liable in a civil lawsuit for the victim s injuries even if the animal has never bitten before and the owner had no reason to believe the animal was dangerous. This means that the owner is liable for the damages caused by their dog biting another person whether it s. However california is a strict liability state as related to dog bite injury claims. Basically california s stand is this.

California penal code section 398 399 5. Strict liability for california dog bite injuries damages. Because states can change their laws at any time it s always a good idea to check the current california statutes using this search tool. 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.

However there are exceptions to the strict liability law in california s dog bite statute where it does not apply the one bite rule can become a factor. It can be used to show the defendant was negligent in restraining.