A dog bit you or your child, and now you are dealing with stitches, a tetanus shot, and maybe a scar you will see every day. The owner may be a neighbor, a friend, or a stranger at the park. Here is how California dog bite law works in 2026, and who actually pays.
The short answer
California makes dog owners strictly liable for bites. If a dog bites you while you are in a public place, or lawfully in a private place, the owner is responsible for your injuries. It does not matter that the dog "never did this before" or that the owner was careful. The money usually comes from the owner's homeowner's or renter's insurance, not from the owner's pocket. You generally have two years to file a lawsuit.
What California's dog bite statute says
The rule is California Civil Code section 3342. In plain words: the owner of a dog is liable for damages suffered by anyone the dog bites, as long as the person bitten was in a public place or lawfully in a private place, including the owner's own property. The owner is liable regardless of the dog's past behavior and regardless of whether the owner knew the dog could be dangerous.
That is what "strict liability" means. You do not have to prove the owner was negligent. You do not have to prove the dog had a history.
"Lawfully in a private place" covers a lot of people: invited guests, mail carriers, delivery drivers, repair workers, and anyone else with a legitimate reason to be there.
What if the dog knocked you down but did not bite?
Section 3342 covers bites. If a dog jumped on you, knocked you over, or chased you into the street and you were hurt, the strict liability statute generally does not apply. That does not end the claim. You can still pursue the owner for negligence, for example a dog off leash in violation of a local leash law, or an owner who knew the dog jumped on people and did nothing about it. These cases take more proof, so evidence matters even more.
The exceptions owners and insurers raise
Insurers look for a way out. These are the ones they reach for most often.
- Trespassing. If you were on private property without permission, the strict liability statute does not protect you. A child who wanders into a yard can raise different questions, so do not assume this exception applies.
- Provocation. If the person bitten provoked the dog, for example by hitting or teasing it, the owner can argue that as a defense. Petting a friendly-looking dog or walking past it is not provocation.
- Police and military dogs. Section 3342 has a limited exception for government dogs used in police or military work, when the dog was acting within its duties.
- Veterinarians and kennel workers. People who take on the job of handling dogs, such as vets, groomers, and kennel staff, usually cannot use strict liability against the owner, because the risk comes with the work. Their injury is often a workers' compensation matter instead.
Expect the adjuster to bring up one of these even when the facts do not support it.
Who actually pays for a dog bite
Most dog bite claims are paid by insurance.
- Homeowner's insurance. A standard homeowner's policy usually includes personal liability coverage that pays for dog bites, even if the bite happened away from the home, such as at a park.
- Renter's insurance. If the owner rents, their renter's policy often carries the same liability coverage.
- Breed or dog exclusions. Some policies exclude certain breeds or a specific dog with a prior bite. If coverage is denied, the owner is still personally liable, and other sources may exist.
- Landlords. A landlord is not automatically liable for a tenant's dog. Liability usually requires that the landlord knew the dog was dangerous and had the power to remove it or prevent the harm.
You never have to decide whether to "sue your neighbor." In most cases, the claim runs through their insurance company, and a lawyer deals with the adjuster so you do not have to.
Scarring, kids, and what a claim can include
Dog bites often land on the face, hands, and arms. For children, bites to the face are common because of their height. That makes scarring a central part of many claims.
A dog bite claim can include:
- Emergency care, stitches, antibiotics, rabies shots, and follow-up visits.
- Plastic surgery or scar revision, including future procedures a doctor recommends.
- Counseling for fear of dogs, nightmares, or anxiety, which is common in children.
- Lost wages for you, or for a parent who missed work to care for an injured child.
- Pain, suffering, and the lasting impact of a visible scar.
Take clear photos of the wound on the day it happens and every week while it heals.
Report the bite to animal control
In California, dog bites must be reported to the local health officer, which usually means animal control or the county health department. Hospitals and doctors often report it for you. The report matters for two reasons. It triggers the rabies quarantine, usually 10 days, which protects your health. It also creates an official record of the date, place, dog, and owner. Ask for a copy or the report number.
Deadlines
Under Code of Civil Procedure 335.1, you generally have two years from the bite to file a lawsuit. For a child, the time to sue is usually paused until age 18, but do not wait. If a government dog or government property is involved, a written claim is usually due within six months. Our guide to the California personal injury statute of limitations covers the details.
What to do this week
- Get medical care, and follow up. Dog bites get infected easily.
- Get the owner's name, address, and phone, plus the dog's name and vaccination status.
- Report the bite to animal control and get the report number.
- Photograph the wound, torn clothing, and the place it happened. Get witness names.
- Do not give a recorded statement to the owner's insurance company before talking to a lawyer.
If you or your child was bitten, our dog bite lawyers can look at what happened and tell you where you stand. We represent people across California, including Los Angeles and every region on our locations page. Request a free case review or call (310) 746-5775. No fee unless we win.
This guide is general information, not legal advice. Deadlines and rules change; talk to a lawyer about your situation.