Dog Bite Statute of Limitations in California

Last verified 2026-07 · Source: Cal. Civ. Code § 3342 (strict liability); SOL: Cal. Code Civ. Proc. § 335.1 ✓ verified · 3 sources

The deadline

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Under Cal. Civ. Code § 3342 (strict liability); SOL: Cal. Code Civ. Proc. § 335.1, you have 2 years from Date of bite/injury to file a dog bite lawsuit in California. Miss it and you lose the right to sue — but several California-specific exceptions can extend (or shorten) that window, detailed below.

California Deadlines for Related Claims

When the Clock Starts

In California, the limitations period for dog bite injury claims generally begins on Date of bite/injury. California does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.

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Exceptions That Can Extend the Deadline

California imposes strict liability on dog owners regardless of prior viciousness; the statute covers bites in public places or while lawfully on private property. Minors' SOL is tolled until age 18 under CCP § 352.

Source: Cal. Civ. Code § 3342 (strict liability); SOL: Cal. Code Civ. Proc. § 335.1, official California statute · verified 2026-07

What to Do Before the Deadline Runs

  1. Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
  2. Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
  3. Send preservation/notice letters where required (especially for California government defendants).
  4. If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How California Compares to Nearby States

StateDeadlineStatute
California2 yearsCal. Civ. Code § 3342 (strict liability); SOL: Cal. Code Civ. Proc. § 335.1
Oregon 2 yrs ORS 31.360 (strict liability); SOL: ORS 12.110(1)
Nevada 2 yrs NRS 11.190(4)(e)
Arizona 2 yrs A.R.S. § 11-1025 (strict liability dog bite); SOL: A.R.S. § 12-542

Frequently Asked Questions

How long do I have to file a dog bite lawsuit in California?

You have 2 years from Date of bite/injury, under Cal. Civ. Code § 3342 (strict liability); SOL: Cal. Code Civ. Proc. § 335.1.

Can I still sue after 2 years in California?

Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.

What if the victim was a minor?

California generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.

Is the deadline different for claims against the government?

Government claim must be filed within 6 months of the incident under Cal. Gov. Code § 911.2 before suing any California public entity

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Sources

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed California attorney.