CALIFORNIA DOG BITE LAW

California Civil Code $3342 — Complete Legal Guide

The most comprehensive breakdown of California’s dog bite strict liability statute — written for victims, journalists, and legal researchers.
THE STATUTE

California Civil Code $3342 — Full Text

“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, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness. A person is lawfully in a private place when the person is on the property in the performance of any duty imposed upon the person by the laws of this state or the laws or postal regulations of the United States, or when the person is on the property upon the invitation, express or implied, of the owner.”
— California Civil Code §3342(a)

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.

WHAT THE LAW REQUIRES

Elements of a $3342 Claim

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.

DEFENSES & EXCEPTIONS

What Dog Owners Can Argue — and Why These Defenses Usually Fail

Provocation Defense

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.

Trespass Defense

$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.

Assumption of Risk

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.

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Email Address

info@dogbite.la

Location

Los Angeles, CA

Avalability

24/7 Availability