California One Bite Dog Law

California does not use the one bite rule for most dog bite cases instead it holds dog owners strictly liable for the legal damages caused by their dog s bites.

California one bite dog law.

California is a strict liability state. It does not recognize the one bite law at all. In california if a person is somewhere public or private that they are legally allowed to be and they do not provoke the dog the owner is liable for the dog biting the person. 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.

California dog bite law imposes strict liability on owners. Because states can change their laws at any time it s always a good idea to check the current california statutes using this search tool. California penal code section 398 399 5. This means the owner of a dog who bites someone is liable in a civil lawsuit for the victim s injuries even if the animal has never bitten before and the owner had no reason to believe the animal was dangerous.

California food and agricultural code section 31601 et seq. Strict liability for california dog bite injuries damages. Civil liability for dog bites. However there are exceptions to the strict liability law in california s dog bite statute where it does not apply the one bite rule can become a factor.

However california is a strict liability state as related to dog bite injury claims. California is one of the states with strict liability laws that make pet owners responsible for most dog bite injuries. This contrasts with the one bite rule in effect in other states by which the owner is only held liable if the. Some states have a one bite rule under which an owner would not be liable for a dog bite unless the dog was known to have bitten before.

It can be used to show the defendant was negligent in restraining. Basically california s stand is this.