Many states follow the “one bite rule” when determining liability in dog bite cases. This rule gives dog owners a pass for the first bite their pet inflicts, assuming the dog has no other history of aggression.
However, California takes a different approach. The state enforces strict liability for dog bites, which means that dog owners in California always bear responsibility for their pet’s actions from the first bite.
Understanding California’s strict liability law
Under California Civil Code Section 3342, a dog owner becomes liable when their dog bites someone, whether the bite happens in a public place or on private property where the victim has the legal right to be. Unlike the “one bite rule,” the victim does not need to prove that the dog has a history of aggression. The law assumes that dog owners must control their pets to prevent any harm, making the owner strictly liable for any injuries caused by a bite.
Key exceptions to California’s strict liability
Although California law favors the bite recipient, a few exceptions exist. If a person sustains a dog bite while trespassing on the dog owner’s property, the owner may not face liability for the bite. Additionally, if the recipient provoked the dog, the owner could use this as a legal defense. However, these exceptions require solid evidence, and the burden lies on the dog owner to prove them.
California’s strict liability law ensures that dog owners face consequences for their pet’s behavior, regardless of past incidents. By not applying the “one bite rule,” California law prioritizes the safety and rights of injured individuals. This makes it much easier to seek compensation after a dog bite.