What Is the One-Bite Rule in California?

California law does not typically use the “one bite rule” in dog bite cases. Instead, the law imposes strict liability on dog owners for injuries caused by their dogs. This means that regardless of whether the dog has a history of biting or has ever displayed aggressive behavior, the owner can still be held responsible for any harm that the dog inflicts on a person. However, there are specific exceptions where this strict liability does not apply. In these cases, the one-bite rule may apply. 

What Is the One-Bite Rule?

The “one bite rule” holds pet owners liable for dog bites if they knew or should have known about the dog’s aggressive behavior. This principle establishes liability based on the owner’s awareness. The term “one bite” indicates a warning sign: if a dog has bitten before, owners should recognize the potential danger. Once owners are aware, they must take steps to prevent future incidents. If another bite occurs after the owner has been warned, they can be held responsible, as they should have anticipated and acted to prevent such an event.

The Difference Between One-Bite Rule and Strict Liability

The one-bite rule differs from strict liability rules regarding dog bites because it necessitates evidence of the owner’s wrongdoing. In contrast, strict liability rules hold owners accountable regardless of the precautions they took.

California’s Laws and the One-Bite Rule

In 1931, California enacted an important law, California Civil Code 3342, establishing a strict liability standard for dog bites. This legislation marked a shift from the former one-bite rule, which previously allowed dog owners to escape liability for the first bite their dog delivered as long as they were unaware of the dog’s aggressive tendencies. However, aspects of the one-bite rule may still apply in specific dog bite cases not covered by the statute. 

General Rule

Under the law, dog owners are held strictly liable for injuries their dogs cause in certain situations. This implies that dog owners must take responsibility for bites that occur when: 

• The event happens in public spaces like parks or sidewalks, where dogs are often present. 
• The victim is in a place where they are legally permitted to be, such as at a friend’s house or business location. 

Exceptions To the General Rule

Although the general rule in California is that dog owners are held strictly liable for any injuries caused by their dogs, there are several exceptions to it, including the following:

• The Owner Is Not Being Sued: In cases where the individual responsible for the dog attack is not the owner—such as a caretaker or a friend who was handling the dog—strict liability may not apply to the actual owner. 
• Trespassing Victims: If the victim was unlawfully on the owner’s property at the time of the incident, such as intruding without permission, the owner may not be deemed strictly liable for the injuries sustained. 
• Law Enforcement Animals: Dogs trained for law enforcement purposes and engaged in official duties are typically not associated with strict liability when involved in an attack. 
• Contributory Responsibility: When the victim shares some degree of responsibility for their injuries, perhaps by provoking the dog or failing to heed warning signs, this can diminish the owner’s liability in the eyes of the law. 
• Assumption of Risk: In situations where the victim voluntarily puts themselves in a position to be bitten, this assumption of risk can affect the ability to hold the owner strictly liable. 

When one of these exceptions is relevant, dog bite victims may find it challenging to hold the owner strictly liable for their injuries. Nonetheless, they still have the option to pursue compensation by demonstrating that the owner acted negligently in managing or controlling their dog. To better understand these legal options and when they apply, contact an experienced California dog bite attorney today.

Contact Albert Abkarian & Associates To Learn More

If you were harmed because a dog bit you, and you want to learn more about your legal options, contact Albert Abkarian & Associates today and review your case with a skilled California dog-bite attorney.