California One Bite Dog Law

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.

California one bite dog law.

This contrasts with the one bite rule in effect in other states by which the owner is only held liable if the. 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. It can be used to show the defendant was negligent in restraining. California penal code section 398 399 5.

It does not recognize the one bite law at all. However california is a strict liability state as related to dog bite injury claims. 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. California is a strict liability state.

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. 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 dog bite law imposes strict liability on owners. California civil code section 3342 3324 5.

Strict liability for california dog bite injuries damages. 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. Basically california s stand is this. This means that the owner is liable for the damages caused by their dog biting another person whether it s.

When dog owners are strictly liable for bites. California food and agricultural code section 31601 et seq.