In California a dog owner is liable for a bite even if the dog had never bitten anyone before and the owner had no reason to think it would. You do not have to prove the owner was careless, and you do not have to prove the dog had a history. That is what strict liability means, and California is one of the states that has it in statute.
Culver Legal, LLP acts for people injured by dogs across Long Beach on contingency, with case costs advanced. Nothing to pay up front, no fee unless we win. Call (310) 600-7881 at any hour.
What the Statute Actually Says
Civil Code 3342 makes the owner of any dog liable for the damages suffered by a person bitten by the dog while in a public place or lawfully in a private place, including the property of the dog’s owner, regardless of the dog’s former viciousness or the owner’s knowledge of it.
Three parts of that are worth reading carefully.
“Including the property of the owner.” Being bitten inside the owner’s own home or yard does not defeat the claim. People assume it does, and stop there.
“Lawfully in a private place” is defined in the section itself. You are lawfully on private property when you are there performing a duty imposed by the laws of this state, or by the laws or postal regulations of the United States, or when you are there on the owner’s invitation, express or implied. That covers postal workers, delivery drivers doing a duty, and invited guests.
“Bitten” is the operative word, and it is a real limit. Section 3342 is about bites. A dog that jumps up and knocks somebody down a step, or runs into a cyclist, has not bitten anyone, so the strict liability statute does not apply. That does not mean there is no claim. It means the claim is an ordinary negligence claim about how the animal was controlled, where what the owner knew and did becomes relevant again. Pages that describe every dog injury as strict liability are setting readers up for a surprise.
Bitten in Long Beach?
You do not have to prove the dog had a history, or that the owner was careless. The statute does that work.
Reporting the Bite in Long Beach
Long Beach runs its own Animal Care Services, which is where a bite is reported and where the record of it lives.
Long Beach Animal Care Services, 7700 E Spring St, Long Beach, CA 90815. 562-570-7387. The city publishes a dedicated bite reporting form.
Reporting matters because it creates a dated official record of the incident, which is the single most useful document in a claim brought months later. Any medical question, including anything to do with rabies, is one for a doctor rather than for us or for this page.
The shelter is closed Mondays and Tuesdays and operates limited hours, so do not treat a closed door as an inability to report.
If a Police Dog Was Involved, the Rules Change Twice
This is where competitor pages either say nothing or say something too simple.
Section 3342 contains an exception for a government agency using a dog in military or police work, where the bite happened while the dog was defending itself from an annoying, harassing or provoking act, or while assisting an employee in apprehending or holding a suspect, investigating a crime, executing a warrant, or defending a peace officer or another person.
But the exception has two limits written into the same section.
- It does not apply to a bystander. Subdivision (c) states that the exception does not apply where the victim was not a party to, a participant in, nor suspected of being a party to or participant in, the acts that prompted the use of the dog. Somebody bitten who had nothing to do with the incident is outside the exception.
- It applies only where the agency has adopted a written policy on the necessary and appropriate use of a dog for that work. Subdivision (d) is explicit about it.
And a second rule arrives at the same time. A police dog means a public entity, which means the deadline is six months to present a written claim under Government Code 911.2 rather than two years, filed in Long Beach with the City Clerk at 411 West Ocean Blvd.
How Long Do You Have?
Two years from the date of the bite under Code of Civil Procedure 335.1.
Six months to present a written claim where a public entity is involved. Separately, Government Code 945.4 bars a lawsuit for money damages until that claim has been presented and the entity has either acted on it or is treated as having rejected it. A claim the entity simply ignores is deemed rejected once the 45 days are up, which is what allows the lawsuit to proceed.
And presenting the claim is not the last deadline. Once the entity mails or delivers a written rejection, Government Code 945.6 gives you six months from the date of that notice to file suit. If the entity never sends a written rejection, the period is two years from when the cause of action accrued instead. A claim that is ignored therefore leaves more time than one that is formally rejected, which is the opposite of what most people expect.
For a child, Code of Civil Procedure 352 pauses the ordinary limitation period while they are under 18. It does not pause the six-month government claim, and subdivision (b) says so directly.
Who Pays
What usually stands behind a dog bite claim is a homeowner’s or renter’s liability policy rather than the owner’s own money. That is worth knowing because people hesitate to bring a claim against a neighbor, a friend or a family member, and in practice it is generally an insurance claim rather than a personal financial demand on somebody they know.
Where no policy exists the claim is against the owner directly, and whether that is worth pursuing is an honest question we will answer honestly.
Where Would the Case Be Heard?
At the Governor George Deukmejian Courthouse, 275 Magnolia. Since October 2022 the Los Angeles Superior Court has assigned newly filed personal injury cases to the judicial district where the incident arose, so a Long Beach bite is heard in Long Beach. A claim seeking more than $35,000 is an unlimited civil case.
Not sure whether it is worth pursuing?
The review costs nothing and commits you to nothing. Photograph the injuries before they heal.
Long Beach Dog Bite FAQs
Do I have to prove the dog bit someone before?
No, and this is the most important thing to know. Civil Code 3342 makes the owner liable for a bite regardless of the dog’s former viciousness or the owner’s knowledge of it. The old idea that a dog gets one free bite is not California law. You do not have to establish a history and you do not have to prove the owner was careless.
I was bitten inside the owner’s house. Does that count?
Yes, provided you were lawfully there. The statute expressly covers a bite occurring on the property of the dog’s owner, and it defines lawful presence to include being there on the owner’s express or implied invitation, or performing a duty imposed by the laws of this state or by the laws or postal regulations of the United States. Being an invited guest is enough.
The dog knocked me over but did not bite me. Do I still have a claim?
Possibly, but it is a different kind of claim and that distinction matters. Civil Code 3342 applies to bites, so a knock-down or a fall caused by a dog falls outside the strict liability statute. It is handled instead as an ordinary negligence claim about whether the animal was reasonably controlled, where what the owner knew and did becomes relevant again. It is still worth asking about.
How much does a lawyer cost for a dog bite case?
Nothing up front. These claims are taken on contingency, so the fee is a percentage of what is recovered and there is no fee if there is no recovery, with case costs advanced rather than billed as they arise. What no honest firm will do is put a value on your claim before knowing how the injury heals, including whether any scarring proves permanent.
Is it worth it to sue for a dog bite?
It depends on the injury and on whether there is insurance behind the owner, and both are answerable early. A homeowner’s or renter’s liability policy generally stands behind these claims rather than the owner personally, which is often what people are really worried about. Where a bite left lasting scarring, required stitches or surgery, or injured a child, it is usually worth at least asking. Where it is not worth pursuing we will tell you.
A police dog bit me. Is that different?
Yes, in two ways. Civil Code 3342 contains an exception for dogs used in police or military work in defined circumstances, but that exception does not apply where you were not a party to, participant in, or suspected of the conduct that prompted the dog’s use, and it applies only where the agency has adopted a written policy on such use. Separately, a claim involving a public agency must be presented in writing within six months rather than two years, which in Long Beach means filing with the City Clerk. That short deadline is the thing that ends these claims.
Contact a Culver Legal Long Beach Dog Bite Lawyer
California does not give a dog one free bite. If you were bitten in Long Beach, the owner can be liable regardless of the animal’s history, and a homeowner’s policy usually stands behind it. If a police dog was involved your deadline is six months. Call (310) 600-7881 at any hour. The review costs nothing.
Attorney Advertising. Prior results do not guarantee a similar outcome. Culver Legal, LLP is a California law firm. The information on this page is for general informational purposes and does not constitute legal advice.
