What if someone’s dog bit me?
Reviewed by Andrew (Andy) R. Gillin
California State Bar #45226 ↗ · Approval recorded November 4, 2026
How we record review approvalA dog owner may have to pay for a bite even if the dog never bit anyone before. The state’s dog-bite law has rules about where and how the bite happened.
In this guide
Here’s an example
A dog bites a guest who has a right to be in the owner’s yard.
A made-up example to explain the idea. Your facts may lead to a different answer.How the rule works
Civil Code § 3342 generally addresses bites in public places or while a person is lawfully in a private place. It contains specific conditions and exceptions.
Legal references: [1] Civil Code § 3342 — Dog bite liability
Four facts to check after a dog injury
Owner
Who owned the dog?
Bite
Was there a bite or another type of injury?
Place and role
Where were you, and what were you doing?
Harm and proof
What injury and losses can the records show?
These are research questions, not a finding of fault. Other claims and exceptions may matter.
Does the dog need a history of biting?
The bite statute can apply even if the owner did not know the dog could bite. It generally concerns an owner’s dog biting a person in a public place or while that person is lawfully in a private place.
That does not mean every dog injury fits this statute. Check who owned the dog, whether a bite occurred, where it happened, and the circumstances. A fall caused by a dog can raise different rules.
If a dog knocked you down, compare a dog injury without a bite.
What should I keep after a bite?
Get needed care from a health professional. Save the owner’s contact details, photos, witness names, and any report. Keep a record of bills and missed work. These records serve different parts of the claim.
Your role around the dog can matter. Priebe involved a kennel worker and work-related risks. It is not a general rule that blocks all people who interact with dogs from making a claim.
Do not let a coverage discussion replace checking injury lawsuit time limits.
When the person bitten is a child, check time limits for an injured child.
What can change the answer?
You must check who owned the dog and whether you had a right to be there. Defenses and special exceptions can change the answer.
Questions people ask
Court decisions behind this answer
A case can help explain a rule. Its facts and limits matter too.
Davis v. Gaschler
California Court of Appeal · 1992
11 Cal.App.4th 1392, pp. 1397–1399
The owners argued that the person accepted the risk. The court rejected that as a complete defense on the facts before it.
Later cases recognize some special defenses. Check the setting and current dog-bite law.
Priebe v. Nelson
Supreme Court of California · 2006
39 Cal.4th 1112, slip op., pp. 1–4
The court barred the kennel worker’s claim under the dog-bite law in that setting. That claim involved a risk of caring for the dog.
This is a rule for a special work setting. It does not defeat every claim after a dog bite.
Case applicability reviewed as recorded above.
A useful next step
Get medical care as needed. Find out who owns the dog. Save photos and the names of people who saw the bite.
If you are unsure which rule applies, a lawyer can review your facts and any deadlines. Learn about GJEL’s injury representation.
The law behind this guide
The references below support the legal discussion. Their application depends on the facts.
- Civil Code § 3342 — Dog bite liability ↗Statute · Review recorded above
- Davis v. Gaschler (1992) 11 Cal.App.4th 1392 ↗Case law · Review recorded above
- Priebe v. Nelson (2006) 39 Cal.4th 1112 ↗Case law · Review recorded above
- Civil Code § 1542 — General releases and unknown claims ↗Statute · Review recorded above
- Code of Civil Procedure § 335.1 — Injury and death actions ↗Statute · Review recorded above
- Civil Code § 3333 — Compensation for harm ↗Statute · Review recorded above
Updated 2026-11-04. Read our editorial standards.