California Dog Bite Statute of Limitations: Two Years Under CCP § 335.1
Reviewed and current as of August 31, 2026. California law can change; verify against the current statute before relying on any date.
California's dog bite statute, Civil Code section 3342, makes the owner liable for damages suffered by a person bitten in a public place or lawfully in a private place — but it contains no limitations period of its own.
The deadline comes from the general personal injury provision, Code of Civil Procedure section 335.1: two years.
Source: California Civil Code section 3342 (liability); Code of Civil Procedure section 335.1 (limitations period) (as of August 31, 2026).
What the statute says
Civil Code section 3342 provides that the owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the owner's property. It is a strict liability provision: the plaintiff need not prove the owner knew the dog was dangerous.
What section 3342 does not contain is a limitations period. Practitioners occasionally cite it as though it supplied one; it does not. The applicable period is found in the general limitations statutes, and for bodily injury that is the two-year period in Code of Civil Procedure section 335.1.
When the clock starts
Accrual is generally the date of the bite, since the injury is immediately apparent. Where the claim is pleaded in ordinary negligence rather than under section 3342 — for a dog attack that did not involve a bite, for instance — the same two-year period in section 335.1 applies, because the nature of the harm rather than the theory determines the period.
Key exceptions and tolling
- Section 3342 supplies no deadline.The strict-liability statute defines liability only. The limitations period comes from Code of Civil Procedure section 335.1 for bodily injury.
- Government-owned dogs.A claim involving a police or other public-entity dog requires a Government Code section 911.2 claim, generally within six months, and section 3342 contains its own carve-outs for governmental police and military dogs.
- Minor plaintiffs.Code of Civil Procedure section 352 generally excludes the period of a plaintiff's minority at accrual — significant here, since a large share of dog bite victims are children.
- Non-bite injuries.Knock-down and other non-bite injuries fall outside section 3342's strict-liability rule and proceed in negligence, but carry the same two-year period.
- Property damage.Damage to personal property caused by the animal carries the three-year period in section 338(c) rather than two years.
Frequently asked
How long do you have to file a dog bite lawsuit in California?
Generally two years from the date of the bite. Civil Code section 3342 creates strict liability for dog owners but contains no limitations period; the deadline comes from the general personal injury provision, Code of Civil Procedure section 335.1. This is general information, not legal advice.
Does California Civil Code section 3342 set the dog bite deadline?
No. Section 3342 defines the owner's strict liability but does not state a limitations period. Practitioners sometimes cite it as though it did. The applicable two-year period is in Code of Civil Procedure section 335.1.
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Not legal advice. This page is general information for licensed attorneys and is not a substitute for independent legal research or professional judgment. It does not address the facts of any specific matter. Statutes, case law, and court rules change; tolling, the discovery rule, equitable estoppel, and claims involving minors, government entities, or out-of-state defendants can all change the applicable deadline. Confirm every date against the current text of California Civil Code section 3342 and Code of Civil Procedure section 335.1 and controlling case law. Using this page does not create an attorney-client relationship.
Statutory citations current as of August 31, 2026.