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California law covers the rules for suing a dog owner in civil court, when owners can be charged with crimes, and what happens to dogs that have bitten people or engaged in other dangerous behavior. California dog owners, and anyone who's suffered a bite or other injury in the state, should know how these laws apply to them.
Someone who's been injured by a dog might be entitled to recover compensation for their damages from the animal's owner. The rules for when owners are liable vary from state to state.
California is one of the states with "strict liability" dog-bite laws that make pet owners responsible for most dog-bite injuries. When a victim sues under the state's strict liability rule, it doesn't matter:
Limits to California's strict liability law. The state's strict liability rule only applies to bites, not to other kinds of injuries. (We'll talk below about liability for non-bite injuries.) In addition, the law doesn't protect people who are on private property unlawfully. In other words, a victim is only covered by the strict liability rule if they were:
Someone who's been invited onto private property is covered by the law. So are people (like mail carriers) who are legally allowed to enter private property as part of their jobs.
Police and military dogs. Injured people can't sue under this statute if they were bitten by police or military dogs that were either doing law enforcement work or defending someone. But this doesn't apply when the bite victim wasn't suspected of participating in a crime. So, for example, an innocent bystander at the scene of a robbery might be able to sue if they're bitten by a police dog, but a robbery suspect can't. (City of Huntington Beach v. City of Westminster, 57 Cal.App.4th 220 (1997).)
Veterinarians. California courts have held that owners are generally not liable if their dogs bite veterinarians or vet assistants during treatment. (Priebe v. Nelson, 39 Cal.4th 1112 (Cal. Sup. Ct. 2006).)
If a dog grabs someone with its teeth but doesn't break the skin, that could still count as a bite. In a case where a worker fell from his ladder after a dog closed its jaws on his pants, the court held that the animal's owner was liable for the injuries. (Johnson v. McMahan, 80 Cal.Rptr.2d 173 (Cal. App. 2d Dist. 1998).)
California's dog-bite laws generally don't protect trespassers. As we discussed above, California's strict liability statute applies only when a dog bites someone who is in a public place or "lawfully" on private property.
The law says that a person is lawfully on a dog owner's property when:
So, an owner will generally not be liable if their dog bites and injures a trespasser. (Cal. Civ. Code § 3342 (2024).)
That said, a trespasser who can offer proof that the dog owner was in some way negligent might be able to hold the owner liable. That could be very difficult to prove, though.
In addition, the state's dangerous-dog laws specifically say that a dog cannot be declared potentially dangerous or vicious based on the dog's history of biting a trespasser. (Cal. Food & Agric. Code § 31626 (2024).)
Laws ChangeStates can rewrite their laws at any time, and courts can issue opinions that change how the law works in practice.
You can check current California laws with this tool. But, for information about what a law means for you, you should consult an attorney.
California's strict liability statute won't help victims who were injured by dogs that didn't bite them. For instance, if a dog causes an accident by attacking someone's bicycle wheel, or by chasing a motorcyclist, strict liability doesn't apply.
But that doesn't necessarily mean a victim has no other options. Injured people might be able to receive compensation if they can prove that their injuries resulted from the dog owners' negligence.
For example, suppose a dog jumps on a child who's playing on the sidewalk and scratches the child's eye. If the victim's parents sue, they must prove that the owner didn't use reasonable care to control the dog, such as by keeping it on a leash or in a fenced-in yard.
All states have laws called "statutes of limitations" that set out specific time limits for getting a lawsuit started in court. The deadline differs depending on the type of case you want to file, but the consequences of missing the deadline are always serious. If you file the claim too late, the court will almost certainly dismiss your case (unless some rare exception applies).
California doesn't have a specific statute of limitations that applies to dog-bite lawsuits. Instead, these cases fall under the state's statute of limitations for assault, battery, or personal injury. This law says that a plaintiff in a dog-bite civil suit must file the case within two years of the date of the injury. The time period might be extended in some circumstances. (For more, see our article on when to sue for a dog bite.)
Note that different deadlines will apply if the person who owns or controls the dog is facing criminal charges.
Dog owners could have one or more legal defenses in civil lawsuits over injuries caused by their animals. For instance, they might argue that a victim:
Sometimes a successful defense means that an owner isn't liable and doesn't owe the plaintiff any damages. Under California's "pure" comparative negligence rule, a defendant can also reduce their liability (and the money they owe a plaintiff) in proportion to the defendant's own responsibility for an accident. (Li v. Yellow Cab Co., 13 Cal.3d 804 (Cal. 1975).)
A different set of defenses might apply if criminal charges result from a dog bite.
Anyone who owns a dog may also face criminal charges when the animal injures someone while roaming at large, but only if the owner:
The crime is a felony if the attack victim dies and a "wobbler" (either a misdemeanor or felony) if the victim was only injured.
Even if criminal charges are filed in connection with a dog bite, the injured person may still sue the owner for damages.
These criminal penalties can also apply to someone other than the owner (like a pet sitter or a dog walker) who has "custody or control" of the animal when it injures someone.
California's strict liability dog-bite statute applies regardless of the animal's history. But the state has other laws that make owners responsible for protecting the public from a pet that has previously bitten someone or engaged in other dangerous behavior.
These laws also allow the government to impose serious consequences on the dog—including euthanasia in the most serious cases.
Both private citizens and local government attorneys can start legal proceedings against the owner of a dog that:
These hearings are different from a lawsuit. In a lawsuit, a plaintiff is asking for money to compensate them for injuries they say they've suffered. The purpose of these hearings, though, is to allow officials to:
The orders can include things like removing the dog from the area or having it "destroyed" (that is, euthanized). But these civil proceedings can't be based on a dog's history of biting trespassers, and do not cover bites by working police or military dogs.
A Dog's Day in "Court" in San FranciscoMunicipalities in California are bound by the state's dog laws. But local governments have a lot of freedom to make and enforce their own rules for dogs and their owners. City and town governments are also in charge of the process for identifying and dealing with dogs that pose a threat to the public.
The San Francisco Standard looked at that city's process for investigating and dealing with bites and other dangerous canine behaviors. Each year, about 80 incidents result in a Vicious and Dangerous Dog Hearing. In that hearing, an officer appointed by the city questions witnesses (including the owner and the victim) and looks at evidence gathered by the police and by San Francisco Animal Care & Control.
The hearing officer then decides if the dog is dangerous or vicious and, if so, what the consequences will be. Owners who disagree with the outcome of a hearing can appeal to the San Francisco Superior Court.
California also has a separate legal procedure for controlling potentially dangerous and vicious dogs. This process is similar to the one for dogs that have bitten someone, but there are a couple of important differences:
California law defines when a dog is "potentially dangerous" or "vicious." These definitions are used:
Note that California state law bars municipalities from declaring dogs dangerous or vicious just because of their breed. (Cal. Food & Agr. Code § 31683 (2024).)
A dog is "potentially dangerous" if it has:
Animals that have been declared potentially dangerous must be kept indoors, in a fenced yard that will keep the animal in and children out, or on a secure leash controlled by a responsible adult.
A dog is "vicious" in two situations:
Animal control may destroy (euthanize, in other words) a vicious dog if it poses a significant threat to the public. The owner may also be prohibited from having any dog for up to three years.
If a vicious dog is not destroyed, then its owner must comply with conditions designed to control the animal and protect the public. Owners or keepers of dangerous or vicious dogs will be fined for any violations of these restrictions.
Both owners and victims should know the basics of how dog-bite liability works and what to do after an incident. It's also important to understand how California law applies to you. Especially in serious cases, you might want to find a local attorney with the right experience to assist with your case.
Owners should also keep in mind that a criminal defense lawyer can help protect their rights if they're facing criminal charges over a dog bite or other injury.