Dog bites and animal attacks in Riverside County

The rule: dog owners are strictly liable for bites

California's dog bite statute makes the owner of a dog liable for the damages suffered by anyone the dog bites in a public place or while lawfully in a private place, including the owner's own property, regardless of whether the dog had ever been vicious before or whether the owner knew it (Civil Code § 3342). You do not have to prove the owner was careless or that the dog had a history. See our plain-English summary of § 3342.

Two points decide most bite claims under this rule:

• Where it happened. A person is lawfully on the owner's property when performing a duty imposed by state law or federal postal regulations, or when invited in, expressly or impliedly. Guests, delivery drivers and mail carriers are the usual examples.
• Whether it was a bite. Section 3342 speaks of people who are "bitten." When a dog injures someone without biting, for example by knocking a person down or causing a fall, the claim is usually judged under the general duty of ordinary care (Civil Code § 1714), where the dog's history and the owner's knowledge can matter.

After a bite, the owner also has a legal duty to take reasonable steps to remove the danger to others. If the same dog has bitten people on at least two separate occasions, any person, the district attorney or the city attorney may ask a court for orders to prevent another incident (Civil Code § 3342.5).

Police dogs and public agencies

Section 3342 limits claims against a government agency whose police or military dog bites while apprehending a suspect, investigating a crime, executing a warrant or defending an officer, but that limit does not protect the agency when the person bitten was not involved in, or suspected of, the conduct that prompted the dog's use, and it applies only if the agency has a written policy on police dog use (§ 3342(b)-(d)). A claim against a city, the County or another public entity for an injury generally must be presented within six months (Gov. Code § 911.2). Our claims guide lists where to file with each city and the County.

What to do after a dog bite

1. Clean the wound and get medical care. The California Department of Public Health advises washing bite wounds immediately with soap and water and talking to a healthcare provider right away, who can decide whether you need a vaccine to prevent rabies. [source]
2. Report the bite. Animal bites must be reported so the dog can be checked and, usually, quarantined for 10 days. Our animal control directory shows which agency handles each city, and our reporting and quarantine page explains what happens next.
3. Identify the dog and the owner. Write down the owner's name, address and phone number, the dog's description and whether the owner says it is vaccinated. Ask for the rabies tag or license number.
4. Document everything. Photograph the wounds on the day of the bite and as they heal, the place where it happened, torn clothing and the dog if it is safe. Get names and numbers of witnesses.
5. Keep your records. Save the animal control report or case number, medical bills, and notes about missed work or school.

Deadlines

Most injury lawsuits, including dog bite claims against a private owner, must be filed within two years (Code of Civil Procedure § 335.1). If a public entity may be responsible, for example a police department's dog or a dog kept at a public facility, the six-month claim deadline applies first (Gov. Code § 911.2).

In this section

• Animal control by cityWho takes bite reports in each of the 28 cities.
• Bite reports and rabies quarantineWhy bites are reported and what happens to the dog.
• Dangerous and vicious dogsHow California and the County label and restrict dangerous dogs.

Common questions

Does the owner have to have known the dog was dangerous?

No. Under Civil Code § 3342, the owner is liable for a bite in a public place or where you were lawfully present regardless of the dog's former viciousness or the owner's knowledge of it.

I was bitten at a friend's house. Does the rule still apply?

Yes, if you were lawfully there. The statute covers people lawfully on private property, including the owner's property, and treats invited guests as lawfully present.

Do I have to report a bite from a dog I know?

California regulation requires that bites from mammals be reported to the local health officer. Reporting also lets animal control confirm the dog's rabies status. See bite reporting and rabies quarantine.

How long do I have to file a claim?

Generally two years for a lawsuit against a private owner (CCP § 335.1), but only six months to present a claim if a public entity is involved (Gov. Code § 911.2).

What if the dog knocked me down but did not bite?

The bite statute may not apply. These claims are usually evaluated under the general duty of care (Civil Code § 1714), where evidence of the dog's prior behavior matters. See dangerous and vicious dogs.

Related pages

• Premises liabilityFalls and injuries on unsafe stores, apartments and public property.
• Pedestrian accidentsPeople on foot struck by vehicles.
• Claims against governmentThe six-month rule and where to file for each city.
• Civil Code § 3342Dog bites
• CCP § 335.1The two-year injury deadline