Absolutely not. Under Civil Code Section 3342, the dog owner is liable for the damages suffered by the person bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog.

The liability of the dog owner applies regardless of whether the dog had bitten before, regardless of the breed of dog, and regardless of whether the dog’s owner knew or suspected that the dog had a propensity to bite.

Civil Code Section 3342 is a strict liability statute.

Learn more about dog bites in California.