Civil Code §3342 strict liability — California's "no one-bite rule" state
By John Quigley · Updated April 29, 2026
California Civil Code §3342 imposes strict liability on dog owners for bites that occur when the victim is either in a public place or lawfully on private property. The law reads simply: the owner is liable regardless of the dog's prior history of biting or the owner's knowledge of any viciousness.
This is stronger than many other states that use a "negligence" or "one-bite" standard. In California, there's no need to prove the owner knew the dog was dangerous — a single bite on a first-time offending dog still creates full liability.
To recover under Civil Code §3342, a plaintiff must prove only three things:
Notably, you do NOT need to prove negligence, that the owner knew the dog was dangerous, or that the dog had ever bitten before.
| Defense | Explanation |
|---|---|
| Trespassing | Victim was unlawfully on private property at the time of the bite |
| Provocation | Victim provoked the dog (hitting, teasing, threatening the dog) |
| Assumption of risk | Victim knew of and voluntarily accepted the risk (e.g., veterinarians treating an aggressive dog) |
| Comparative fault | If victim was partly at fault, damages are reduced proportionally under California's pure comparative fault system |
| Working/police dog | Police K-9 dogs used in law enforcement are generally exempt under §3342(b) |
Even if §3342 doesn't apply (e.g., the dog didn't technically "bite" but knocked someone down), victims can pursue:
California dog bite victims can recover:
Children are disproportionately affected by dog bites — they're more likely to be bitten in the face and neck and suffer more severe injuries. For minors, the statute of limitations is tolled until age 18 (CCP §352), giving them until age 20 to file. Courts and juries tend to award higher damages for child victims with permanent scarring.
San Diego County has additional ordinances governing dangerous dogs beyond state law:
Most homeowner's insurance policies cover dog bite liability — this is the primary source of compensation in the majority of California dog bite cases. According to the Insurance Information Institute, California leads the nation in dog bite insurance claims. The average California dog bite settlement is around $50,000–$60,000, though severe cases (facial disfigurement, multiple surgeries) regularly settle for $100,000–$500,000+.
Some policies exclude certain breeds (pit bulls, Rottweilers, German Shepherds) or require specific riders. A dog bite attorney can help identify all applicable insurance coverage.
The general 2-year statute of limitations under CCP §335.1 applies to California dog bite claims. The clock starts on the date of the bite. For children, it's tolled until age 18. Government owner bites (San Diego County Animal Control dogs, law enforcement K-9s used outside their exemption) require a Government Claims Act filing within 6 months.
Most dog bite attorneys work on contingency — no fee unless you win. Get a free consultation today.
Find Dog Bite Attorneys Near YouThis article is for informational purposes only and is not legal advice. Consult a licensed California personal injury attorney for guidance on your specific dog bite situation. SDAttorneyFinder is not a law firm.