Who is liable for a dog bite in California?

In California, the dog's owner is strictly liable when their dog bites someone in a public place or lawfully on private property, under Civil Code section 3342. The victim need not prove a prior bite or owner carelessness — there is no "one free bite" rule — and bite claims run two years under Code of Civil Procedure section 335.1.

The dog's owner — automatically, in most bite cases. Civil Code section 3342 makes an owner strictly liable for damages when their dog bites someone in a public place or while the victim is lawfully in a private place, including the owner's property. The victim does not need to prove the dog had bitten before or that the owner was careless; California has no "one free bite" rule. The statute covers bites specifically — a dog that knocks someone down or causes a bicycle crash is handled under ordinary negligence instead. Defenses are narrow: trespassers are outside the statute, provocation can reduce or defeat recovery under comparative fault, and special rules apply to police and military dogs. Beyond the owner, a landlord who actually knew of a dangerous dog and could have removed it, or a keeper with prior knowledge, may face negligence liability. Injury claims run two years under Code of Civil Procedure section 335.1.

Authority: Cal. Civ. Code § 3342