In California, a dog owner is responsible for your injuries if you were bitten by their dog. This applies as long as you had a lawful right to be in the place you were at the time of the bite. This includes public places, of course, but also includes private property so long as you have a legal right to be there.

California follows a strict liability standard, which means the dog owner is legally responsible for injuries caused by their dog even if they were not negligent. In other words, even if the owner had no reason to know their dog could be aggressive, they are liable for injuries if the dog harms someone. This standard makes getting compensation easier in California than in other states where the victim must prove that the owner was negligent.

Premises Liability 

Despite being beloved family members, the law recognizes dogs as physical property. Therefore, a dog owner can be held liable under the premises liability theory when someone is injured on or by their property. Dog owners are responsible for the actions of their pets even if they are not present when the incident occurs. Typically, dog bite injuries are covered by the homeowner’s insurance policy.

Dog Bite Lawsuit

As a dog bite victim, if you file a lawsuit, you must prove several elements to win your case. Generally, you must show the following:

• The defendant owned the dog;
• You were bit while in a public place (e.g., sidewalk, park) or while you were lawfully on private property (e.g., a guest at the owner’s house, postal worker); and
• The dog bite was a substantial factor in your injuries. 

There are exceptions to a dog owner’s liability, including:

• If the victim was trespassing on private property;
• The dog is a law enforcement K9;
• The victim assumed the risk of the attack; or
• The victim was partially at fault (e.g., provoked the dog).

Every situation is unique, so to better understand your rights and options, it is best to consult an experienced California dog bite lawyer.