California generally holds dog owners liable for bite injuries under Civil Code §3342 — even if the dog had no prior history of aggression. This "strict liability" rule makes recovery far more straightforward for victims, as you don't have to prove negligence to bring a valid claim. At Hakakian Law Group, PC we help injured clients across Los Angeles and Orange County understand their rights under this powerful statute from our West Hollywood office.

If you were bitten by a dog anywhere in California, here's a clear, conversational breakdown of how strict liability works, what it covers, and how our team can help you pursue full compensation.

What Strict Liability Really Means in California

In many states, an injured person must prove the dog owner was negligent — for example, by showing the owner knew the dog had dangerous tendencies. California takes a different approach. Under Civil Code §3342, a dog owner is automatically responsible when their dog bites someone who is lawfully on public or private property. That's what "strict liability" means: the injured person does not have to prove fault, negligence, or a prior incident.

This rule reflects California's goal of protecting the public and placing responsibility on dog owners to control their animals. For victims, it simplifies what could otherwise be a long, contested legal battle.

Strict Liability vs. Negligence: Side-by-Side

Not every dog attack is a bite — and not every bite claim works the same way. Here's how California's two main legal theories compare:

 

Bottom line: If the dog bit you, strict liability almost certainly applies and your path to recovery is simpler. If you were knocked down, chased, or scratched, you can still recover — it just requires showing the owner was careless.

What to Do Immediately After a Dog Bite (Step-by-Step)

Acting quickly after a dog bite protects both your health and your legal claim. Here's what to do:

1. Seek medical attention immediately. Even minor bites can become infected. Go to an ER or urgent care and document every injury.

2. Identify the dog and owner. Get the owner's name, address, and phone number. Ask for proof of rabies vaccination.

3. Document the scene. Take photos of your injuries, the location, and the dog if it's safe to do so. Collect names and contact information for any witnesses.

4. Report the bite to LA County Animal Control. In Los Angeles, dog bites must be reported to LA County Animal Care and Control (888-452-7381). This creates an official record and triggers a quarantine check on the dog.

5. Do not give a recorded statement to the owner's insurance company. Insurers move fast to minimize payouts. Contact a dog bite attorney before speaking with anyone from the other side.

6. Contact Hakakian Law Group. The sooner we're involved, the more evidence we can preserve and the stronger your claim will be.

Does Strict Liability Apply to All Dog-Related Injuries?

Strict liability applies specifically to bite injuries. If the dog actually bites — even a single quick snap — Civil Code §3342 is triggered. The bite doesn't need to break the skin, and it doesn't matter if the dog "didn't mean it."

However, many people are injured in non-bite attacks, such as being knocked down, chased, scratched, or startled into a fall. These injuries are still actionable, but they fall under general negligence rules rather than strict liability. That means the victim must show the owner failed to use reasonable care, such as by allowing the dog to roam off-leash or failing to warn guests about the dog's tendency to jump or lunge.

We regularly help clients pursue both strict liability bite claims and negligence-based non-bite attack cases.

Unvaccinated Dogs: Additional Risks and Legal Rights

If the dog that bit you was not vaccinated for rabies, you face additional health risks — and potentially stronger legal grounds.

What California law requires: Dog owners in California are required to vaccinate their dogs against rabies under Health & Safety Code §121690. An unvaccinated dog bite triggers mandatory reporting to LA County Animal Care and Control and may require the dog to be quarantined.

What this means for your claim:

• You may be entitled to compensation for rabies post-exposure prophylaxis (PEP), which involves a series of shots and can cost thousands of dollars.

• An owner's failure to vaccinate is evidence of negligence — it can strengthen a claim even beyond strict liability.

• If the dog's vaccination status is unknown, do not wait. Seek medical attention immediately and report the bite so the dog can be located and tested.

If you were bitten by an unvaccinated dog or a dog with unknown vaccination status, contact Hakakian Law Group, PC right away. Time matters for both your health and your legal claim.

When Strict Liability Applies

California's strict liability dog bite law applies when:

• The defendant owned the dog.

• The dog bit the victim.

• The victim was in a public place, or lawfully on private property.

Lawful presence includes delivery workers, postal carriers, guests, customers, tenants, and contractors. Even if the owner insists the dog "never bit anyone before," strict liability applies just the same.

Common Defenses Owners Raise — and Why They Often Fail

Despite California's strong protections for victims, dog owners and their insurance companies frequently raise defenses to avoid paying claims. Here are the most common:

Provocation If the owner can prove the victim provoked the dog — such as by hitting, teasing, or aggressively approaching it — strict liability may not apply. However, accidental or innocent movements rarely qualify as provocation. Insurance companies often exaggerate this defense, which we routinely challenge on behalf of clients.

Victim Was Trespassing Strict liability only applies if the victim was lawfully on the property. If someone was trespassing, the dog owner may avoid strict liability, though negligence claims may still be available depending on the circumstances.

Dog Was Performing Police or Military Work Dogs working for law enforcement under specific conditions may be exempt from strict liability. These exceptions are narrow and do not apply to ordinary pet owners.

Landlord and Property Owner Liability

Dog bites don't only involve the dog's owner. In many cases, a landlord or property owner can also be held liable — particularly when:

• The landlord knew a tenant kept a dangerous dog on the property and failed to act.

• The attack occurred in a common area of an apartment building, such as a hallway, parking lot, or courtyard.

• The property owner had the ability to remove or restrict the dog and chose not to.

This is an important distinction for victims attacked in apartment complexes, rental properties, or commercial spaces. Even if the dog's owner has no insurance or limited assets, the property owner's liability coverage may be available to compensate you.

Hakakian Law Group, PC has experience pursuing claims against both dog owners and property owners, making sure every responsible party is held accountable.

What Victims Can Recover After a Dog Bite Attack

A dog bite can cause serious physical injuries, emotional trauma, and long-term complications. California law allows victims to recover a range of damages, including:

• Medical bills — ER visits, surgeries, medications, physical therapy, scar revision

• Future medical care — long-term treatment, plastic surgery, infection management

• Lost wages — missed work while recovering

• Loss of earning capacity — for more serious or disabling injuries

• Pain and suffering — physical and emotional harm

• Scarring and disfigurement — especially common in cases involving the face, arms, and legs

• Emotional trauma — anxiety, PTSD, or fear of dogs

Our team also assists with dealing directly with insurance companies, gathering evidence, negotiating settlements, and — when necessary — filing a personal injury lawsuit in California courts.

How Hakakian Law Group Helps Dog Bite Victims Across Southern California

From our office at 8235 Santa Monica Blvd in West Hollywood, we represent dog bite victims throughout Los Angeles and Orange County. Our firm combines compassionate client support with aggressive advocacy, making sure injured people get the care, resources, and compensation they need to heal.

We bring deep experience handling strict liability claims, insurance negotiations, and complex cases involving landlords, property owners, or multiple responsible parties. Whether your case involves a neighbor's pet, an off-leash dog at a park, or an attack in an apartment building, Hakakian Law Group is equipped to handle it.

Want to learn more about our team and approach? Visit our About Us page.

FAQ

Does strict liability apply if the dog has never bitten anyone before? Yes. California's Civil Code §3342 applies even if the dog had zero history of aggression or prior incidents. The owner's knowledge does not affect your ability to bring a claim.

What if the dog bite happened at a friend's house? You can still file a claim. Homeowners insurance often covers these incidents, and you are not personally suing your friend — you're making a claim with their insurer.

What if the dog only nipped me and didn't break the skin? California courts often consider even small, quick bites to be "bites" under the strict liability statute. Documentation from a doctor can help strengthen your claim.

Can I file a claim if I was knocked down but not bitten? Yes, but it becomes a negligence claim rather than a strict liability claim. You must show the owner failed to reasonably control the dog.

What if the dog owner has no insurance? The dog owner is still personally liable under California law. Additionally, if the attack happened on a rental property, the landlord's insurance may cover the claim. We can help identify all available sources of recovery.

What if I was partly at fault? California follows a "pure comparative fault" rule. Even if you were partially at fault, you can still recover damages — your award is simply reduced by your percentage of fault. For example, if you were 20% at fault, you recover 80% of your damages.

What if the attack happened at an apartment complex? The property owner or landlord may share liability, especially if they knew about the dog and failed to act. These cases can involve both the dog owner and the property owner's insurance.

How long do I have to file a dog bite claim? Generally, you have two years from the date of the attack to file a personal injury lawsuit in California. However, acting sooner gives your attorney more time to preserve evidence and build your case.

 

If you or a loved one suffered a dog bite injury anywhere in Los Angeles or Orange County, Hakakian Law Group, PC is here to help. Contact our West Hollywood personal injury team today for a free dog bite case review and immediate support.  Call Us today (310) 759 9663 for a free consultation. 

  

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