Although California does not rank highly in terms of per capita dog ownership, it is notoriously among the top ten states with reported dog bite incidents. According to reports issued by the United States Postal Service, there were 727 incidents in 2023 and 675 in 2022. Other reports from public health agencies and personal injury law firms support ranking California as the state with the highest risk of dog bites.
The Insurance Information Institute also ranks the Golden State at the top of civil jurisdictions where dog bite incidents are handled as liability claims. In 2024, over 2,400 claims were filed with an average cost of $86,229. This means that more than $200 million is distributed as court-ordered relief and out-of-court settlements.
When discussing dog bites from a legal perspective in California, it is essential to note that victims are the primary standard for determining liability in accidents or incidents. Most cases involve bitten plaintiffs filing claims for injuries and damages; nonetheless, dog bite cases can turn multifaceted with counterclaims and ancillary lawsuits. In other words, the dynamic nature of personal injury and civil liability unquestionably applies to dog bite laws in California.
General Provisions of the California Civil Code
Dog bite liability is addressed in section 3342 of the Civil Code, which outlines the legal obligations of dog owners when they face lawsuits for injuries and damages. Compared to other states, California is a “strict liability jurisdiction” for dog bites. If you own a dog involved in a biting case, you are liable, and the provision is absolute. There are no mitigating circumstances for the dog’s behavioral history or health condition.
The law in California differs from the “one-bite rule” in other states, meaning that plaintiffs do not have to prove you were negligent as a pet owner. To some extent, this is a legal standard that makes it easier for plaintiffs to
receive compensation for injuries like medical bills and lost wages. Accordingly, many property insurance policies for homeowners and renters in California provide some coverage for dog bites. The clauses, conditions, and limits are usually part of the personal liability coverage.
How Dog Bite Cases Should Be Handled
If you are a victim of a dog bite, the first step is to seek immediate medical attention; this will help to establish a timeline and other important details that can be collected from medical records and used as evidence. Get the pet owner’s name, address, phone number, and relevant information such as breed and vaccination status.
Try using your smartphone to take photos of the injury, the animal, and your surroundings. Contact your local police department or animal control agency to create an incident report. Some incidents result in criminal charges after police investigations; in September 2024, for example, prosecutors in Oakland charged a man with a felony offense after his three mastiffs killed a man who had been repairing a vehicle parked along a residential sidewalk.
Insurance payouts for dog bite claims are typically handled very quickly in California because of the strict liability provision of section 3342. As a victim, you should not contact the dog owner’s insurance company until you get a legal opinion. In some cases, liability attorneys may identify other liable parties, like landlords or dog walkers. The damages must be properly assessed for all losses. Beyond medical bills and lost wages, you may be able to enter claims for pain, suffering, and emotional distress.
Despite the fast insurance payouts in California dog bite claims, you should remember that adjusters and underwriters will check for angles they can use as assertive defenses. Provocation and trespassing are common defenses that liability law firms are always prepared to counter and dismiss.