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Dog Bites

Civ. Code 3342 — the owner is liable whether or not the dog was known to be vicious

Regardless of past viciousness. The owner of any dog is liable in California for the damages suffered by a person the dog bites in a public place, or lawfully in a private place including the owner's property, regardless of the dog's former viciousness or the owner's knowledge of it.

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A person is lawfully on the owner's property when there to perform a duty under state or federal law or postal regulations, or on the owner's express or implied invitation.

A government agency with a written policy on its dogs is not liable under the section for a bite while the dog was defending itself or helping an officer apprehend a suspect, investigate a crime, execute a warrant, or defend someone, unless the person bitten was not a party to or suspected in the conduct that prompted the dog's use.

Sources for this section (1)
  1. Civ. Code 3342 — Dog owner's liability for bites

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.

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