California Dog Bite Law – Strict Liability
California Civil Code § 33421
California has a “strict liability” rule for a dog bite, which means that any time a dog attacks a person, the animal’s owner is liable for the damage caused and is required by law to compensate the victim for injuries sustained in the attack.
Civil Code § 3342(a) states that the owner is liable whether the bite occurred in a public place or on private property, excluding trespassing and provocation.
There are a few specific exceptions to the strict liability rule, including if the person bitten by the dog was trespassing on the dog owner’s property; in these instances, the owner may not be liable for the resulting dog bite injuries.
Additionally, if someone provokes the dog into biting them, strict liability would not apply. For example, if you intentionally pulled the dog’s tail or hit it, that could be provocation.
The California dog bite liability statute does not require a prior history of aggression. The statute applies even if this was the first time the dog showed signs of aggression.
Other Potentially Liable Parties
Although most claims are filed against the pet owner, liability does not always stop there.
Landlords and Property Owners
Under California law, a victim can hold a landlord liable for a dog attack if the landlord had prior knowledge that its tenant had a vicious dog and did not take steps to remove the animal from the property.
Suppose a landlord knew about a dangerous dog on their property but failed to act, or a business owner allowed a dog on the premises that injured a customer—these scenarios could introduce additional legal paths.
California property owners have a legal duty for the violent behavior of a tenant’s dog in limited circumstances. According to California state case law, particularly Uccello v. Laudenslayer (44 Cal. App. 3d 504)2, liability applies when the property owner knew the dog was dangerous and could have removed it or prevented access. This often arises in multi-unit dwellings or rental homes.
Property owner liability depends on knowledge and control. If there were prior complaints or documented attacks and the owner or manager failed to act, a lawsuit may be possible.
California also has criminal penalties for extreme cases.
California Penal Code § 3993 makes it illegal to knowingly allow a dangerous animal to roam freely, particularly if that leads to injury or death. A dog bite attorney may be able to determine whether there are overlapping civil and criminal issues involved in your case.
Pet Sitters or Dog Walkers
In some situations, a pet sitter or dog walker can bear responsibility under local ordinances. This applies in cases where a person is regularly caring for or housing the dog, such as in shared living arrangements.
The Stanislaus Animal Services Agency maintains records that could show whether the dog was under someone’s control or care at the time it bit you. A California lawyer could evaluate each case individually to determine all potentially accountable parties in your dog attack claim.
If you or someone you love was injured in a dog attack, contact the attorneys at Curtis Legal Group today to schedule a Free Consultation.
Sources Cited:
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3342&lawCode=CIV
- https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=874332c9-01d3-4686-a0e6-4b5791dd11c2&config=00JAA0NDgwMGE5Mi01ODYxLTRkZDEtODQ0OS1mYmEyN2M3ZmZmZWQKAFBvZENhdGFsb2fyUIbYd2jFgdWUbISiHcjK&pddocfullpath=%2Fshared%2Fdocument%2Fcases%2Furn%3AcontentItem%3A3RRS-8FW0-003C-J01M-00008-00&pdcontentcomponentid=506037&pdteaserkey=sr0&pditab=allpods&ecomp=6s65kkk&earg=sr0&prid=79e61227-db46-4f97-94aa-3395668ef074
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=399.