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Dog Bite Law in State of California

In the State of California a dog owner is to be liable for the damages suffered by a person bitten or attacked by the owner’s dog. California Civil Code Section 3342 maintains the owner of the dog that bites another person is liable regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness. Under this statute, the owner is said to be strictly liable or subject to strict liability.

But California dog bite law can be confusing. Although CA Civil Code Sec. 3342 essentially repudiates the common law requirement of scienter, or knowledge of viciousness, California also maintains the common law cause of action based on scienter or knowledge of a dog’s (or, any domestic pet or animal) dangerousness. This common law cause of action can be used by attorneys for dog bite cases in California whereby liability is based on the owner’s knowledge of the dog’s prior behavior instead of their negligence. This common law cause of action has also been used to establish liability, for a dog bite, on someone else other than the dog’s owner in California.

Negligence is another way for a dog bite plaintiff lawyer to establish liability in a dog bite case. Someone can be sued for negligence if that person causes or allows a dog bite or attack to occur. Negligence can be mishandling the dog, letting the dog roam the neighborhood without a leash, or even tying or chaining the dog up. California does have laws (Penal Code Section 597t) that makes it illegal, arguably negligent, to tie a dog up in a way that will cause it to become entangled or injured, or restricts the do from adequate water, food, and shelter.

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