Enacted in 1931 and strengthened over subsequent decades, $3342 makes California one of the strictest dog bite states in the nation. There is no “one bite rule” in California — owners are liable for the very first bite.
1. Dog Bite (not other injury)
$3342 applies specifically to bites. Other dog-related injuries (knockdown, scratch) require negligence-based claims under different theories.
2. Defendant Owned the Dog
The person sued must be the dog’s owner. California courts construe ‘owner’ broadly — a person harboring and caring for a dog may qualify even without formal ownership.
3. Plaintiff Was in a Public Place…
…or lawfully in a private place. Lawful presence includes invited guests, postal workers, delivery personnel, utility workers, and anyone performing a duty imposed by law.
4. Strict Liability — No Fault Required
Unlike negligence, plaintiff does not need to prove the owner was careless. Liability attaches because the bite occurred — not because the owner did anything wrong.
The most common defense. Owners argue the victim provoked the dog. Courts interpret provocation very narrowly — only deliberate, intentional acts designed to agitate qualify. Normal behavior (walking past, making eye contact, reaching out a hand) never constitutes legal provocation.
$3342 requires lawful presence. However, California courts broadly interpret lawful presence. Utility workers, postal carriers, delivery personnel, and invited guests all qualify. Trespassing in the criminal sense rarely applies to normal property approaches.
Sometimes raised for veterinarians, groomers, and trainers who work with dogs professionally. Limited to situations where the plaintiff voluntarily assumed the specific risk that materialized. Rarely succeeds against lay victims with no special dog-related duties.
Don’t wait. California has a statute of limitations on personal injury claims. Contact us now for a free, no-obligation consultation.
(213) 529-3229
info@dogbite.la
Los Angeles, CA
24/7 Availability
(213) 555-1234
info@dogbite.la
Los Angeles, CA
24/7 Availability