California Civil Code § 3342

Under California Civil Code § 3342, a dog owner is strictly liable for a dog bite — regardless of whether the dog ever bit anyone before or whether the owner knew it was dangerous — as long as the victim was bitten in a public place or while lawfully on private property.

Reviewed against the current statutory text at leginfo.legislature.ca.gov. This page is legal information, not legal advice.

Exact Statute Text

Read the full, current section at the official source: Cal. Civ. Code § 3342 (leginfo).

In Plain English

• Strict liability: the owner is liable for a bite even with no prior history — California has no “one free bite” rule for bites covered by § 3342.
• Where it applies: the victim must have been in a public place or lawfully on private property (including the owner’s).
• Bites only: § 3342 covers bites; other dog-caused injuries may proceed under ordinary negligence (Civil Code § 1714).
• Exception: police/military dogs performing their duties are excluded in defined circumstances.

Key Terms Defined

Strict liability

Liability without needing to prove the owner was careless — the bite itself, in a covered location, is enough.

Lawful presence

Being in a public place, or on private property by invitation or legal duty, as required by § 3342.

“One-bite” rule

The older rule requiring a prior bite/known viciousness — abrogated for bites covered by § 3342.

Purpose & Context

Section 3342 protects bite victims by removing the need to prove the owner knew the dog was dangerous. It places responsibility on owners for the harm their dogs cause to people who are lawfully present.

Real-World Example

A visitor lawfully at a friend’s home is bitten by the friend’s dog that had never bitten anyone before. Under § 3342, the owner is strictly liable for the bite injuries regardless of the dog’s prior history.

Civil Code § 3342 at a glance

Related California Statutes

• Civil Code § 1714 — negligence for non-bite dog injuries
• CCP § 335.1 — the two-year deadline
• California dog bite lawyer

Why 3342 Matters

For injured people & families

You do not have to prove the owner knew the dog was dangerous — strict liability under § 3342 makes a valid bite claim far easier to establish. See our California dog bite lawyer page.

For defendants

Defenses typically focus on whether the victim was lawfully present, provocation, or whether the injury was a covered “bite” versus another kind of harm.

Frequently Asked Questions

Is California a strict-liability state for dog bites?

Yes. Under Civil Code § 3342, an owner is liable for a bite regardless of the dog’s prior history, if the victim was lawfully present.

Does the dog have to have bitten someone before?

No. There is no ‘one free bite’ requirement for bites covered by § 3342.

What if the dog injured me without biting?

Non-bite injuries generally proceed under ordinary negligence (Civil Code § 1714) rather than § 3342.

Are there exceptions?

Yes — police and military dogs performing their duties are excluded in defined circumstances.