The One-Bite Myth in California: Why Dog Owners Can’t Claim ‘They Didn’t Know’

Dog bites can result in painful injuries, emotional trauma, and expensive medical bills, especially when the victim is a child or an older adult. Yet many people hesitate to file a claim after being bitten, often because they’ve heard some version of the “one-bite rule,” believing a dog gets a free pass for its first attack.

In California, that couldn’t be further from the truth. Under California law, dog owners are strictly liable for bite injuries in most cases, regardless of whether the dog has a history of aggression. At National Injury Help, our San Diego personal injury attorneys help dog bite victims understand their rights, take legal action, and pursue full compensation for their injuries. Don’t let misinformation prevent you from getting the help you deserve.

What Is the “One-Bite Rule”?

The “one-bite rule” is a legal doctrine used in some states that protects dog owners from liability the first time their dog bites someone, on the theory that they had no reason to believe the dog was dangerous. Once a dog has bitten or shown aggressive behavior, the owner is presumed to be aware of the risk and can then be held liable for future incidents.

This concept, however, does not apply in California.

California’s Strict Liability Dog Bite Law

California Civil Code Section 3342 establishes strict liability for dog owners when their dog bites someone in a public place or lawfully on private property, including the dog owner’s property.

This means that:

• The victim does not have to prove that the dog had a history of aggression.
• The owner cannot claim they had no idea the dog might bite.
• The dog’s breed or background doesn’t change the owner’s responsibility.

If the bite occurred in a location where the victim had a legal right to be, and the dog wasn’t provoked, the owner is liable—period.

Common Myths That Stop Victims From Pursuing Claims

Several misconceptions often keep dog bite victims from seeking the compensation they’re entitled to. Let’s set the record straight.

• Myth #1: “The dog never bit anyone before.”

Fact: That doesn’t matter in California. Strict liability applies whether it’s the first bite or the fifth.

• Myth #2: “I was at the dog owner’s home, so it’s my fault.”

Fact: If you were lawfully on the property (as a guest, delivery person, etc.), you’re protected under California law.

• Myth #3: “I don’t want to sue my friend or neighbor.”

Fact: Most dog bite claims are covered by homeowner’s or renter’s insurance, not paid out of pocket.

What Damages Can Dog Bite Victims Recover?

If you’ve been bitten by a dog in San Diego or elsewhere in California, you may be entitled to compensation for:

• Medical expenses, including emergency care, stitches, and surgery.
• Psychological counseling for trauma or PTSD.
• Lost income or reduced earning capacity.
• Pain and suffering.
• Scarring or disfigurement.
• Future reconstructive procedures.

You Don’t Have to Handle This Alone

Dog bites are traumatic, but the legal process doesn’t have to be. At National Injury Help, our San Diego Dog Bites injury lawyers are here to make sure you’re protected, respected, and fully informed. We’ll handle the legal side—so you can focus on healing.

Contact us today for a free, no-obligation consultation. If a dog bite has impacted your life, let us fight for the recovery you deserve.