A person is considered to be lawfully visiting private property if they are on that property to perform duties assigned to them by California law or assigned to them by federal laws or postal regulations. A person is also a lawful visitor if they are there due to the express or implied invitation of the owner.
It does not matter under California dog bite law if the animal was ever vicious before or if the dog owner had reason to suspect the dog would bite. California imposes strict liability rules which make owners responsible for all bites. This is different from other states that apply “one-bite” rules or hold owners accountable for bites only if there was reason to suspect the dog would hurt someone.
What Is Considered a Dog Bite in California?
A dog bite in California occurs any time a dog uses teeth to grab a person or any time the dog’s jaw closes around a person.
A person can be “bitten” by a dog even if the dog does not break the skin. In some cases, a “bite” occurs even when the dog just grabs onto clothing if, for example, the incident leads to the victim getting hurt in a fall caused by the dog grabbing their clothing.
Are California Dog Owners Responsible for Bites to Trespassers?
California dog bite law only holds dog owners strictly liable for bites when the incident happens on public property or when the victim was lawfully on private property. Trespassers are not lawfully on property, so dog owners are typically not liable for bites to trespassers.
In some limited cases, a trespasser might be able to prove the dog owner was negligent in some way and may be able to recover compensation for injuries a dog causes due to the owner’s negligence. But this is less likely to be a successful case for the bite victim.
