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When Are Dog Owners Not Liable for Dog Bites in California?

May 14, 2022

A dog owner is strictly responsible when their dog bites in California, even if it has never shown aggression before. However, there are a few important exceptions where the law may not side with the victim. 

In this article, you will understand liability in dog bite accidents and when dog owners are NOT responsible for the damages of a dog bite incident.

Can I File a Claim When a Dog Bites Me in California?

You can file a personal injury claim if someone else’s dog bites you. Under California Civil Code 3342, dog owners are generally strictly liable if their dog bites someone, whether on public grounds or private property.

To win a dog bite claim, you need to establish that the owner failed in their legal duty to prevent harm. This typically involves:

  • Duty of Care – The owner was responsible for keeping others safe from their dog.
  • Breach of Duty – They failed to control the dog or prevent the bite.
  • Causation – That failure directly caused the bite incident.
  • Damages – You suffered physical or emotional injuries as a result.

When Is the Owner Liable for the Dog Bite?

Dog owners owe different levels of care depending on who enters their property. Here’s how that breaks down:

Invitees (such as delivery workers, service providers, and guests)

The dog owner may be fully responsible if you were lawfully on the property and got bitten. They’re expected to keep their home reasonably safe, warn you of any dangers, including aggressive pets, and prevent foreseeable harm.

Licensees (such as friends, family, neighbors)

Even social guests who visit by invitation are protected under the law. While the property owner’s duty of care is slightly lower, if they knew their dog could be dangerous and failed to act, they can still be held accountable for your injuries.

When Are Dog Owners Not Liable for Dog Bites in California?

While dog owners are generally liable if their dog bites someone, there are exceptions to this rule, such as the following.

The Victim Was Trespassing


If the person bitten was unlawfully on private property, the dog’s owner may not be responsible. Property owners have a right to protect their homes, and if someone enters without permission, the law may not require the owner to pay for injuries caused by their dog.

What Counts as Trespassing?

Trespassing occurs when someone enters private property without permission. However, not all trespassers are treated the same under the law, and that can make a big difference in liability.

  • Discovered Trespasser: If a property owner knows someone is trespassing and does nothing to prevent harm, especially near hidden dangers or hazardous areas, they may be responsible for injuries. The law expects them to act with reasonable care.
  • Undiscovered Trespasser: When a trespasser enters without the owner’s knowledge, the legal duty drops. Property owners typically aren’t liable unless they intentionally cause harm or set traps.

Even trespassers have rights, but the owner’s responsibility depends on what they knew and how they acted. If you’ve been injured on someone else’s property, understanding the difference could shape your entire case.

Is There an Exception to This Rule?

While property owners aren’t usually responsible for injuries to trespassers, there are exceptions, especially when the trespasser is vulnerable or their presence is predictable. In certain cases, the law still expects property owners to take reasonable steps to prevent harm.

A property owner may still be liable for a dog bite injury if:

  • The trespasser is a child 16 or younger who may not fully understand the danger.
  • The trespasser routinely crosses the property, and the owner is aware of it, such as kids taking a familiar path home from school through the yard.

For instance, if neighborhood children regularly cut through a side yard on their way to the park, and the homeowner knows this but fails to post a warning or secure a dog known to bite, they could be held responsible if an injury occurs.

The Dog Was a Police or Military K-9

Bites caused by working dogs in the line of duty are usually treated differently. If you were bitten during an active police operation, the rules for filing a claim are far more limited, though not always impossible.

Can Police Dogs Legally Bite?

Police dogs play a crucial role in law enforcement. Trained for specific high-stakes situations, they’re often used when officers face dangerous or unpredictable encounters. These K9s are not ordinary pets; they are enforcement tools, taught to use force when necessary.

Police dogs assist with:

  • Apprehending suspects
  • Tracking individuals
  • Identifying suspects in lineups
  • Detecting drugs, explosives, or other illegal items
  • Protecting officers under threat
  • Helping control large or unruly crowds

Is There an Exception to This Rule?

While these dogs are trained to help, not harm, mistakes happen. If you’re an innocent bystander and are bitten by a police dog, you may have the right to compensation, but you must prove that:

  • You posed no threat to officers or the public, and
  • You were not involved in a felony at the time of the incident

Even in high-pressure situations, innocent people deserve protection. If a police dog wrongly injured you, you may be able to hold the responsible agency accountable.

The Victim Sued the Wrong Person

In some cases, the person facing the lawsuit isn’t the actual owner of the dog. The dog might have been under the temporary care of a pet sitter, friend, or relative. 

In these situations, liability depends on how much control and responsibility the caretaker had. Did they agree to supervise the dog? Were they aware of any past aggressive behavior? If they had no reasonable way of knowing or preventing the attack, they may not be legally responsible, even if the bite occurred under their watch.

The Victim Was Clearly Warned

If the dog owner posted warning signs (like “Beware of Dog”) or personally informed a guest about the dog’s aggressive tendencies, the law may view any resulting injury as an assumed risk. 

That means the victim knowingly entered a risky situation and chose to proceed. In these cases, the owner may not be held liable because they took reasonable steps to prevent the harm.

The Victim Was Partially at Fault

California uses a comparative fault system, meaning the victim’s and the dog owner’s actions are evaluated. If a person provoked the dog by yelling, hitting, or acting aggressively, their compensation could be reduced. 

For example, if a court finds the victim 40% responsible for the incident, they may only recover 60% of their damages. In extreme cases, if the victim’s behavior was reckless enough, they might not recover anything.

Dog bite cases can be emotionally charged and legally complex. If you or a loved one has been injured, it is best to speak with a trusted California dog bite attorney who understands the ins and outs of California’s liability laws.

How Much Could My Dog Bite Case Be Worth?

Apart from the dog bite, you are also dealing with medical bills, emotional trauma, and the unsettling question: “What is my case really worth?” While no two cases are the same, several important factors determine how much compensation you may be entitled to.

  • How Serious Are Your Injuries? Some bites heal quickly. Others require stitches, surgery, or leave behind permanent scars that impact your daily life. The more severe your injuries, the greater your medical expenses, and the higher the compensation you may be eligible to receive.
  • How Has the Bite Affected Your Life?: A dog attack can do more than tear skin; it can shatter your sense of safety. Maybe you now flinch around dogs, suffer from nightmares, or avoid going outside. If your emotional well-being, confidence, or ability to enjoy life has been affected, your claim should reflect every ounce of that suffering.
  • Who’s Legally Responsible? Under California’s strict liability law, dog owners are usually held accountable, even if their dog has never shown aggression. In some cases, landlords or property managers who ignored known dangers may also share responsibility. However, if you’re found partially at fault, for example, if you provoked the dog, your compensation may be reduced in proportion to your share of responsibility.
  • What Proof Do You Have? A strong case is backed by solid evidence. Medical records, injury photos, eyewitness accounts, and expert evaluations all help show the true extent of your injuries physically, emotionally, and financially.

What Damages Can I Recover?

Your settlement should reflect more than just hospital bills. You can pursue compensation for:

  • Economic Damages: Medical costs, lost wages, and future treatments.
  • Non-Economic Damages: Pain and suffering, emotional distress, disfigurement, PTSD, and loss of enjoyment of life.
  • Punitive Damages: If the dog owner acted recklessly, you may be awarded additional compensation to hold them accountable.

Dog bite survivors often underestimate what their case is truly worth. The right legal team will fight to make sure your recovery, both emotional and financial, reflects everything you’ve endured. Because you deserve justice, not just a quick settlement.

What If the Dog That Bit Me Belongs to a Friend or Family Member?

It’s one of the most difficult situations to face; you are hurt, and the dog responsible belongs to someone you love or trust. You might feel torn between protecting your rights and preserving that relationship. So, what should you do?

You should still file a claim. And here’s why:

In most cases, when a dog bites in California, the damages are paid through insurance, not by your friend or family member directly. Homeowners’ or renters’ insurance typically covers the costs of medical care, lost income, and emotional trauma caused by the attack.

This is about making sure you get the medical attention, support, and care they need to recover. Filing a claim doesn’t mean accusing someone you care about; it means accessing the resources your family deserves without causing unnecessary financial harm to someone else.

And if having that conversation feels too hard to manage, you don’t have to do it alone. The best dog bite lawyers California offers can handle the tough conversations with compassion and professionalism.

Do I Really Need a Lawyer for a Dog Bite in California?

After a dog attack, you’re not just dealing with physical pain. You might be missing work, drowning in medical bills, and reliving the trauma every time you step outside. On top of that, you’re expected to handle insurance paperwork, legal deadlines, and confusing processes? That’s too much for anyone, especially while trying to heal.

You don’t have to do this alone.

The best dog bite lawyers California offers take the weight off your shoulders so you can focus on recovery, physically, emotionally, and financially.

At The Law Offices of Larry H. Parker, our experienced California dog bite attorneys can help by doing the following.

  • We Dig Deep to Uncover the Truth

    We gather every piece of crucial evidence, such as police reports, medical records, witness statements, and even surveillance footage, to build a powerful case that reflects the full extent of your suffering.

  • We Handle the Legal Matters

    From notifying authorities to serving legal documents and meeting critical deadlines, we take care of everything behind the scenes so you don’t have to stress.

  • We Stand Up to Insurance Companies

    Insurance adjusters are trained to minimize your injuries or deny claims outright. We know their tactics, and we push back hard to get you the compensation you’re truly owed.

  • We Fight in Court if That’s What It Takes

    If insurance companies refuse to be fair, we’ll take your case to court. You’ll have a skilled California dog bite attorney ready to advocate fiercely for your rights.

You didn’t choose to be attacked, but you can choose to take your power back. Let us stand by you and fight for the justice and financial recovery you deserve.

Call us at 800-333-0000 for your FREE consultation today or fill out our quick contact form. We’re here when you need us most.

Don’t settle for less. Get a full, free assessment of your car accident case today from lawyers who care.

What Our Clients Say About Us

No other personal injury lawyer will fight for you as passionately as we will, even though many may take on your case and prepare a legal defense. As proved by our previous clients, the best dog bite lawyers California offers from our firm are extraordinarily well-equipped to put up a claim without making any mistakes:

“Ron took the time to review my case and talk to me. He was very thorough, and I appreciated the time. Thank you again.” – Chris H.

Frequently Asked Questions About Personal Injury Claims 

Need to learn more about car accident claims? We want to help you! Here are common questions injured victims ask, which may clarify various aspects of your case.

References

Civil Code – CIV DIVISION 4. GENERAL PROVISIONS [3274 – 9566]. (n.d.). California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3342.&lawCode=CIV

comparative negligence | Wex | US Law | LII / Legal Information Institute. (n.d.). Law.Cornell.Edu. Retrieved May 13, 2025, from https://www.law.cornell.edu/wex/comparative_negligence

K9 Frequently Asked Questions – SLCPD. (n.d.). Salt Lake City Police Department. Retrieved May 13, 2025, from https://www.slcpd.com/k9-faq/