A dog attack is a terrifying, sudden event that leaves victims—especially children—with more than just physical scars. The trauma, the emotional distress, and the financial burden of extensive medical and reconstructive treatment is life-altering.
In California, dog owners are held to a strict liability standard. This means that if a dog bites someone in a public place or while the victim is lawfully on private property, the owner is almost always legally responsible for the damages—regardless of whether the dog had ever shown aggression before.
At Harris Personal Injury Lawyers, our experienced California Dog Bite Attorneys leverage this strong state law to secure full compensation for victims of dog attacks across the state. We understand the physical and psychological toll these attacks take, and we are committed to providing aggressive legal representation while offering compassionate support.
If you or a loved one has suffered injuries from a dog bite in California, you deserve justice and may be entitled to compensation.
Contact us for a free case consultation at (408) 512-3600.
Table of contents
- California’s Unique Strict Liability Dog Bite Law: No Free Bite
- The Immediate Results: Critical Steps to Preserve Your Claim
- The Full Scope of Damages: Recovering Financial and Emotional Losses
- Defending Your Claim: Countering Insurance Company Tactics
- FAQs on California Dog Bite Claims
- Do Not Delay, Contact us Today
California’s Unique Strict Liability Dog Bite Law: No Free Bite
California stands apart from many other states because it does not adhere to the "One-Bite Rule," a common law doctrine that historically gave a dog one "free" pass before the owner could be held liable. In California, liability is strict, meaning it is imposed regardless of whether the owner was negligent or had any prior knowledge of the dog's aggressive nature.
The Power of Civil Code § 3342
California Civil Code § 3342 is the cornerstone of dog bite law in the state, establishing strict liability for dog owners. The statute clearly states 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.
This also includes the owner's property, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.The legal standard significantly benefits victims.
To recover compensation under this statute, the victim only needs to prove three clear facts: the defendant owned the dog, the dog bit the victim, and the bite occurred in a public place, or the victim was lawfully on private property.
The "lawful presence" requirement is essential. A person is considered to be lawfully on private property if they were invited by the owner (expressly or implicitly) or if they had a legal right to be there, such as a utility meter reader, an invited guest, or a mail carrier acting in the performance of their duty.
As a result of strict liability, the victim does not have to go through the difficult process of proving the owner acted carelessly or knew the dog was dangerous. This places responsibility for the dog's actions squarely on the owner from the very first bite.
Alternative Basis for a Claim: General Negligence
It is vital to understand that strict liability applies only to bites. However, not all severe dog-related injuries are caused by a bite; a large dog may violently knock someone down, causing a broken hip, head trauma, or other serious injuries.
In cases where the injury was caused by a dog's actions other than a bite, our attorneys can still pursue a claim under general personal injury laws by proving the owner was negligent in controlling their animal.
Establishing negligence involves demonstrating that the owner failed to exercise reasonable care to prevent the harm. For example, the owner may be considered negligent for allowing the dog to run loose in violation of local leash laws, failing to repair a broken fence that allowed the dog to escape, or allowing a known aggressive dog to interact with strangers.
In short, there are multiple avenues to recovery, and we thoroughly investigate every legal strategy to hold the responsible party accountable for the harm caused.
The Immediate Results: Critical Steps to Preserve Your Claim
The steps you take immediately following a dog attack are crucial not only for your physical health but also for the strength and viability of your future legal claim. Time is critical, and taking prompt, deliberate action is key to securing your rights.
1. Seek Comprehensive Medical Attention and Documentation
Dog bites frequently cause deep puncture wounds and severe lacerations that carry a high risk of serious bacterial infections, including dangerous pathogens like Staph or Strep. The initial force of the attack can also cause underlying soft tissue damage or broken bones.
Prioritize treatment immediately by getting to an urgent care facility or emergency room. It is vital to follow all medical instructions for wound cleaning, prescribed antibiotics, and stitches. Crucially, you must ensure your medical records clearly and accurately document that your injuries were caused by a dog bite, as this evidence is central to your dog bite claim.
2. Identify the Dog and Secure Detailed Information
If circumstances permit and it is safe, you must gather as much information as possible about the attacking dog and its owner. Information regarding the dog's vaccination status, particularly rabies, is also essential for both your health and the legal investigation.
3. Official Reporting and Photographic Evidence
You must report the attack to your local animal control or police department. This formal report creates an official, documented record of the incident and initiates necessary public health protocols, such as quarantining the animal for observation.
Photographic evidence is invaluable. Take clear photos of your injuries immediately after the attack, and continue to take daily photos as they heal (or if they show signs of infection).
Also, photograph the exact location where the bite occurred, paying attention to any signs of poor containment, like a broken gate or fence. Any clothing or personal items damaged during the attack should also be photographed and saved.
4. Consult Legal Counsel Before Speaking to Insurers
The dog owner’s insurance company will likely contact you very quickly after the incident. Their primary objective is to obtain a recorded statement and offer a fast, low-ball settlement before the full extent of your injuries and the costs of your treatment are known.
Do not give a recorded statement or sign any documents before speaking with a qualified California dog bite attorney. Contact Harris Personal Injury Lawyers immediately so we can handle all communication and negotiations on your behalf.
The Full Scope of Damages: Recovering Financial and Emotional Losses
Dog bite injuries often result in costs far beyond initial emergency room visits. Many victims require extensive and long-term treatment, particularly when dealing with permanent scarring and psychological trauma. Our firm works diligently to build a robust case that seeks full compensation for all of your physical, emotional, and financial losses.
Comprehensive Economic Damages
Economic damages represent the calculable financial losses stemming from the attack. We work with medical and financial experts to establish the full value of these losses, which include both past and future expenses:
- Medical Treatment Costs: This covers everything from initial emergency care and necessary hospitalization to highly specialized treatment like plastic or reconstructive surgery, as well as costs associated with severe infection treatment.
- Lost Income and Earning Capacity: We claim compensation for the wages you lost while unable to work during your recovery period. Furthermore, if the injury results in a long-term or permanent reduction of your ability to perform your job, we seek compensation for the corresponding loss of earning capacity.
- Miscellaneous Costs: This includes prescription medication costs, physical therapy expenses, and the replacement cost of any personal property damaged during the attack (e.g., torn clothing, broken glasses).
Non-Economic Damages for Emotional and Psychological Harm
Non-economic damages address the profound and tragic intangible losses that have no fixed dollar value. These are often the largest components of a dog bite claim, especially for children:
- Physical Pain and Suffering: Compensation for the chronic pain and discomfort caused by the initial attack, the surgeries, and the long, difficult recovery period.
- Emotional Distress and Psychological Trauma: Dog attacks frequently lead to severe emotional damage. We seek compensation for the psychological impact, which commonly includes the diagnosis of Post-Traumatic Stress Disorder (PTSD), debilitating cynophobia (fear of dogs), anxiety, and depression linked to the attack or permanent disfigurement.
- Permanent Disfigurement and Scarring: This compensation addresses the lifelong emotional and social consequences of visible, permanent scars, particularly on the face, hands, or other exposed areas.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, sports, or everyday activities you once enjoyed, this loss of quality of life is compensable.
Importantly, unlike some other personal injury claims in the state, California law generally imposes no limit or cap on the amount of compensatory damages (economic or non-economic) you can recover in a standard dog bite lawsuit.
Defending Your Claim: Countering Insurance Company Tactics
While California's strict liability law provides a strong foundation for your claim, the dog owner’s insurance company will aggressively employ various defense tactics to reduce the value of your case. Our experienced personal injury attorneys anticipate and effectively counter these strategies.
A primary defense involves claiming Comparative Fault or Provocation. The defense will argue that you contributed to the attack, perhaps by teasing, annoying, or improperly interacting with the dog, and therefore, your compensation should be reduced by your percentage of fault under California's Pure Comparative Fault rule.
For example, if a jury finds you were 20% at fault for the incident, your total compensation award will be reduced by 20%. Our role is to meticulously gather evidence, consult with dog behavior experts, and present a compelling case that refutes claims of provocation and minimizes any perceived fault on your part.
Another defense tactic centers on the Trespassing defense. Because the strict liability rule only applies if the victim was lawfully present, the owner will claim you were trespassing to avoid liability under Civil Code § 3342.
We counter this by presenting definitive evidence, such as witness statements or communication records, that prove you were invited, had implied permission, or were legally required to be on the property when the attack occurred.
We take the lead in managing these complex legal arguments. We ensure the insurance company focuses on the owner's liability and your significant losses, not on attempting to unfairly blame the victim.
FAQs on California Dog Bite Claims
Here are answers to some of the most common questions our clients ask about dog bite injury claims in California:
Does the dog have to break the skin for me to have a claim?
Not necessarily. While the strict liability statute specifically addresses a dog that "bites," the owner can still be held liable for non-bite injuries (such as when a dog jumps and knocks someone down) under a negligence claim. If a dog attack causes injuries like broken bones, deep bruising, or psychological trauma, even without skin puncture, a claim can still be pursued.
Who pays for my medical bills after a dog bite?
In the vast majority of cases, compensation is paid by the dog owner's homeowner's insurance or renter's insurance policy. If the owner is uninsured or if the policy limits are low, we may explore other avenues, such as suing the landlord or property owner if they knew the dog was dangerous. You should never assume the owner cannot afford to pay; your attorney handles securing compensation from the appropriate insurance carrier.
What if I was partially at fault, like if I was petting the dog?
California follows a rule of pure comparative fault. If the defense can prove you were partly responsible for the attack (e.g., you were provoking the dog), your total compensation award will be reduced by your percentage of fault. For example, if your damages are $10,000 but you are found 10% at fault, you would receive $9,000. Our job is to defend against exaggerated claims of provocation.
Is the two-year deadline for filing a lawsuit an absolute rule?
For most adult victims, yes, the deadline is two years from the date of the injury. There are two major exceptions:
- Minors: If the victim was a child under 18, the two-year deadline usually does not begin until they turn 18, giving them until their 20th birthday to file.
- Government Entities: If the dog involved belongs to a governmental agency (like a city police K-9), the deadline to file an administrative claim is often much shorter, sometimes only six months.
Do Not Delay, Contact us Today
The deadline to file a dog bite lawsuit in California is typically two years from the date of the attack. While this may seem like a long time, the necessary legal groundwork, from gathering medical evidence and securing expert testimony to negotiating with insurers, is substantial.
Do not let this critical window close. Contacting us quickly ensures that vital physical evidence is preserved, key witnesses can be interviewed while memories are fresh, and your claim is filed correctly and on time.
If you or your child was bitten by a dog, do not hesitate to reach out to Harris Personal Injury Lawyers. Our initial case review is free and comes with no obligation. We operate on a contingency fee basis, meaning you pay nothing unless we win your case.
Speak with an attorney now to discuss the details of your incident and start preserving your legal rights by calling us at (408) 512-3600.