Will the One-Bite Rule Apply to My California Dog Bite?

 Posted on June 06, 2025 in Dog Bites

A sudden dog attack can turn a normal day into a painful and frightening ordeal. Beyond the physical injuries and emotional trauma, victims are left with several questions: Who is responsible? Can the dog owner be held accountable? And does the so-called "one-bite rule" really mean the dog gets a free pass?

These misconceptions can cloud the path to justice, especially in California, where the law is far more victim-focused than many people realize. If you have been harmed by a severe dog bite, a South Bay area personal injury lawyer can help you understand your rights under state law and take action to recover the compensation you deserve.

Does California Follow the One-Bite Rule?

The one-bite rule is a common law doctrine that is still used in some states. It essentially allows a dog "one free bite" before the owner is held legally responsible, assuming the owner had no prior knowledge of the dog’s aggressive behavior.

However, California does not follow the one-bite rule. Instead, the state has adopted a strict liability approach through California Civil Code § 3342. Under this law, a dog’s owner is automatically responsible for injuries caused by a bite, regardless of the dog’s history or the owner’s awareness of any previous aggression. This liability applies as long as the victim was in a public place or lawfully on private property at the time of the attack.

What Are the Biggest Legal Myths About Dog Bites?

Several widespread legal myths cause people to misunderstand their rights after a dog bite. These misconceptions can prevent dog bite victims from taking legal action or encourage owners to ignore their responsibilities. In turn, it is important to separate fact from fiction in these cases.

For instance, many dog bite victims may think they cannot sue if they were playing with or petting the dog. The truth is that as long as the victim was lawfully present, he or she can still hold the owner responsible. 

Another misconception is that if a dog was provoked, the owner is not responsible for the resulting injuries. While provocation can sometimes reduce or eliminate liability, it does not guarantee a free pass.

How Is Liability Determined in California Dog Attack Cases?

Liability in California dog bite cases is typically straightforward. If a dog bites someone and the victim was in a public area or legally on private property, the owner is responsible, no matter the dog’s past behavior. The dog’s temperament, breed, or the owner's prior knowledge of any risk is not a factor in assigning liability under California law.

However, there are a few exceptions. If the bite occurred while the dog was performing military or police duties, the owner's liability may be reduced or eliminated. Trespassing may also serve as a partial defense, depending on the circumstances.

Contact a San Jose, CA Personal Injury Attorney

State law gives dog bite victims strong legal protections, but filing a claim and dealing with insurance companies can still be difficult. A Santa Clara County, CA dog bite attorney at Law Office of John J. Garvey, III can help you understand your options and build a case backed by clear evidence and arguments. Contact the firm at 408-293-7777 today to discuss your dog attack and get the support you need. There are no legal fees unless we win your case.