CIV § 3342.5

Dog Removal After Two Bites | CIV § 3342.5

CIV § 3342.5 requires dog owners to take steps to remove danger after a bite. After two bites, any person may sue for the dog's removal or destruction.

Official text CIV § 3342.5 — California

(a) The owner of any dog that has bitten a human being shall have the duty to take such reasonable steps as are necessary to remove any danger presented to other persons from bites by the animal.

(b) Whenever a dog has bitten a human being on at least two separate occasions, any person, the district attorney, or city attorney may bring an action against the owner of the animal to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the bites have been changed so as to remove the danger to other persons presented by the animal. This action shall be brought in the county where a bite occurred. The court, after hearing, may make any order it deems appropriate to prevent the recurrence of such an incident, including, but not limited to, the removal of the animal from the area or its destruction if necessary.

(c) Whenever a dog trained to fight, attack, or kill has bitten a human being, causing substantial physical injury, any person, including the district attorney, or city attorney may bring an action against the owner of the animal to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the bites have been changed so as to remove the danger to other persons presented by the animal. This action shall be brought in the county where a bite occurred. The court, after hearing, may make any order it deems appropriate to prevent the recurrence of such an incident, including, but not limited to, the removal of the animal from the area or its destruction if necessary.

(d) Nothing in this section shall authorize the bringing of an action pursuant to subdivision (b) based on a bite or bites inflicted upon a trespasser, or by a dog used in military or police work if the bite or bites occurred while the dog was actually performing in that capacity.

(e) Nothing in this section shall be construed to prevent legislation in the field of dog control by any city, county, or city and county.

(f) Nothing in this section shall be construed to affect the liability of the owner of a dog under Section 3342 or any other provision of the law.

(g) A proceeding under this section is a limited civil case.

Text as published in the 2026 snapshot of the code.

Source: Vaquill Open US Law, compiled from official state publishers (huggingface.co), reproduced under license CC BY 4.0.

Read this provision at the official source →

What it actually says

Section 3342.5 is about what happens to the dog rather than what is paid for the bite. Subdivision (a) imposes a free-standing duty: the owner of any dog that has bitten a human being must take such reasonable steps as are necessary to remove any danger presented to other persons from bites by the animal. That duty arises from the first bite, and it is a duty to act — to confine, to muzzle, to train, to fence — rather than merely to pay.

Subdivisions (b) and (c) create the proceeding. Where a dog has bitten a human being on at least two separate occasions, any person, the district attorney or the city attorney may bring an action against the owner to determine whether the conditions of the dog's treatment or confinement, or the other circumstances existing at the time of the bites, have been changed so as to remove the danger. Subdivision (c) allows the same action after a single bite where the dog was trained to fight, attack or kill and caused substantial physical injury. The action is brought in the county where a bite occurred, and after a hearing the court may make any order it thinks appropriate to prevent a recurrence, including removal of the animal from the area or, if necessary, its destruction.

The limits are set out in subdivisions (d) to (g). No action lies under subdivision (b) for a bite inflicted on a trespasser, or by a police or military dog actually performing in that capacity. Local dog control legislation is preserved. Nothing in the section affects the owner's liability in damages under § 3342 or any other law. And a proceeding under the section is a limited civil case. Bringing or defending one turns on the history of the particular dog and what has changed since, which is a matter to discuss with a lawyer.

When it applies

A dog in the neighbourhood that has now bitten two different people
The owner who paid for the injury but changed nothing about how the dog is kept
A trained guard or fighting dog that has caused a serious injury
You want the dog confined rather than money
A neighbour asking what obligations the owner has after the first bite
The owner says animal control looked at it and that is the end of the matter

What this section does not say

It does not award damages for the bite. Compensation is the business of § 3342 and the general damages rules; subdivision (f) says this section does not affect that liability.
It is not available for a bite on a trespasser. Subdivision (d) excludes that case from the subdivision (b) action, as it excludes police and military dogs actually performing in that capacity.
The two-bite action is not automatic destruction. The court may make any order it deems appropriate to prevent recurrence; removal or destruction is the far end of a range.
It does not replace animal control. Subdivision (e) expressly preserves local dog control legislation, and a dangerous-dog determination by a city or county runs on its own rules.
It is not limited to the victim. Any person, the district attorney or the city attorney may bring the action, which is what makes it available to a worried neighbour who was not bitten.

Worked examples

Invented situations, written to show how the wording bites. They are not real cases, not judgments and not precedent, and nothing here predicts what would happen in yours.

Illustrative example

A dog in a street has now bitten two different people on separate occasions. The owner paid both medical bills and keeps the dog exactly as before, loose in an unfenced front garden.

How the wording applies

Subdivision (b) allows any person, including a neighbour who was not bitten, to bring an action once a dog has bitten on two separate occasions, and the court may make any order it considers appropriate to prevent a recurrence. The fact it hinges on is that there were two separate incidents involving different people, and the remedy is about the danger, with removal or destruction at the far end of a range rather than the starting point.

How the parties settled it

The owner fences the front garden to an agreed specification, keeps the dog muzzled and leashed in the street and completes a training course, and the neighbours take the matter no further while that holds.

Illustrative example

A dog bites a delivery driver at the gate. The owner settles the injury claim but still puts the dog out unsupervised when deliveries are due.

How the wording applies

Subdivision (a) puts the owner under a duty to take reasonable steps to remove any danger the dog presents to others, which is a separate obligation from paying for the bite, since subdivision (f) says the section does not affect that liability. What this turns on is what steps are reasonable for this dog in this setting, not on whether compensation has already been paid.

How the parties settled it

The owner installs a lockable gate and a parcel box outside it, keeps the dog indoors during delivery hours, and posts a notice at the gate.

Related sections

CIV § 3342 Dog Owners Liable Regardless of Past Bites: CIV § 3342 CIV § 3341 Kill dog or animal attacking livestock: CIV § 3341 CIV § 3479 Nuisance defined: harm to health or property | CIV § 3479

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We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.

This page reproduces the text of CIV § 3342.5 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in California.

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