# What if someone’s dog bit me? Canonical: https://californiapersonalinjurylaws.com/guides/dog-bite/ Reviewed by Andrew (Andy) R. Gillin; publisher reported approval on 2026-11-04. Original review date was not supplied. ## Short answer A 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. ## Hypothetical example A dog bites a guest who has a right to be in the owner’s yard. ## 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. ## Four facts to check after a dog injury 1. **Owner**: Who owned the dog? 2. **Bite**: Was there a bite or another type of injury? 3. **Place and role**: Where were you, and what were you doing? 4. **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](https://californiapersonalinjurylaws.com/guides/dog-knocked-me-down/). Sources: [Civil Code § 3342 — Dog bite liability](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3342.); [Davis v. Gaschler (1992) 11 Cal.App.4th 1392](https://www.courtlistener.com/opinion/2284211/davis-v-gaschler/) ## 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](https://californiapersonalinjurylaws.com/guides/injury-lawsuit-deadline/). When the person bitten is a child, check [time limits for an injured child](https://californiapersonalinjurylaws.com/guides/child-injury-deadline/). Sources: [Civil Code § 3342 — Dog bite liability](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3342.); [Priebe v. Nelson (2006) 39 Cal.4th 1112](https://law.justia.com/cases/california/supreme-court/2006/s126412.html); [Civil Code § 3333 — Compensation for harm](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3333.) ## 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. ## 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. ## What if the dog had never bitten anyone before? A prior bite is not required for the owner’s liability under the bite statute when its conditions are met. Other facts and exceptions still need review. ## What if an insurer calls before I know my losses? Keep the claim details and ask what the offer covers. A release can give up claims even if some effects are not yet clear. Review it with the facts and any deadlines. ## Court decisions behind this answer ### Davis v. Gaschler (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. Limit: Later cases recognize some special defenses. Check the setting and current dog-bite law. Source: https://www.courtlistener.com/opinion/2284211/davis-v-gaschler/ ### Priebe v. Nelson (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. Limit: This is a rule for a special work setting. It does not defeat every claim after a dog bite. Source: https://law.justia.com/cases/california/supreme-court/2006/s126412.html ## Sources - [Civil Code § 3342 — Dog bite liability](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3342.) - [Davis v. Gaschler (1992) 11 Cal.App.4th 1392](https://www.courtlistener.com/opinion/2284211/davis-v-gaschler/) - [Priebe v. Nelson (2006) 39 Cal.4th 1112](https://law.justia.com/cases/california/supreme-court/2006/s126412.html) - [Civil Code § 1542 — General releases and unknown claims](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1542.) - [Code of Civil Procedure § 335.1 — Injury and death actions](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=335.1.) - [Civil Code § 3333 — Compensation for harm](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3333.) General information, not legal advice.