California law provides a robust framework for holding dog owners accountable for injuries caused by their pets, whether through bites or other actions. The primary distinction lies in how the law treats dog bites under Civil Code § 3342 versus injuries caused by other non-biting behaviors.
Under California Civil Code § 3342, dog owners are strictly liable for damages caused by their dog’s bite. This means the owner is responsible for the victim’s injuries regardless of whether the dog had a history of aggression or had never shown vicious behavior before. This law applies if the bite occurs in a public place or on the dog owner’s private property, provided the victim is there lawfully. These include those conducting business on the property, such as postal workers, or invited guests.
Owners of dogs with a history of attacks are also held to higher standards under Section 3342.5, requiring reasonable measures to prevent further incidents. If the owner fails to comply, legal action can escalate, including removal of the dog or, in severe cases, euthanasia.
Exceptions to Strict Liability:
- Police or Military Dogs: Bites inflicted while the dog is performing its official duties are exempt.
- Provocation or Harassment: If the dog bites while defending itself from provoking or harassing behavior, the owner may not be liable.
