If a dog has bitten you or someone you care about, your first question is likely about responsibility. There is a persistent myth that a dog gets “one free bite” before its owner can be held liable. In California, this is false.
California law holds dog owners responsible from the very first bite. The legal concept is called "strict liability," and it means an owner is financially accountable for the harm their dog causes, regardless of the dog’s history. You do not need to prove the owner knew their dog might be dangerous. If you were bitten in a public place or were lawfully on private property, the owner is responsible.
At Harris Personal Injury Lawyers, we have deep experience with these specific cases. We know that the last thing you should handle while healing is a mountain of insurance paperwork and complicated legal procedures. We’re here to provide clear answers and manage the entire process for you.
For a direct conversation about your case, call us for a free consultation at (619) 864-70101.
Key Takeaways for Dog Bite Victims
- California's "strict liability" law makes owners responsible for the first bite. You don't have to prove the owner was negligent or that the dog had a history of aggression; their responsibility is automatic if their dog bites you.
- Compensation is typically paid by insurance, not the owner's pocket. Most claims are filed against the owner's homeowner's or renter's insurance policy, which exists to cover these exact situations, especially when the dog belongs to a neighbor or family member.
- Your recoverable damages go far beyond the initial medical bills. Compensation should account for all related costs, including lost wages, future medical care like scar revision, and the emotional trauma from the attack.
Why Choose Harris Personal Injury Lawyers for Your Dog Bite Claim?
You Focus on What Matters—We’ll Handle the Heavy-Lifting
An injury is physically painful and emotionally draining. We take on the demanding work of managing insurance claims, gathering evidence, and handling all communication so your energy can be spent on getting better.
Access Premier Medical Care
We also help clients connect with medical specialists who are experienced in treating dog bite injuries, allowing you to receive top-tier care without upfront costs or deductibles.
We Have the Resources to Protect Your Claim
Our firm levels the playing field by advancing all costs needed to build a compelling claim, from securing evidence to hiring medical experts to testify on your behalf.
A Track Record of Success
With a 99% success rate and over $800 million recovered for our clients, our record speaks for itself. Our attorneys, including founder Ryan D. Harris, are consistently recognized by organizations like U.S. News – Best Lawyers®.
Pay Nothing Unless We Win
We operate on a contingency fee basis, which means you pay nothing upfront. We only receive a fee if and when we successfully win compensation for you.
Local Presence
Our San Diego headquarters is conveniently located in the El Cortez building at 702 Ash Street, Suite 10, San Diego, CA 92101. We offer free consultations by phone or in person, and if your injuries prevent you from traveling, we will come to you.
How Much Is My San Diego Dog Bite Case Worth?
After a dog bite, the first costs are obvious: the emergency room visit, stitches, and prescriptions. But the real financial toll often runs much deeper, touching your work, emotional health, and future medical needs.
A personal injury claim is designed to cover every loss the injury caused. These losses are divided into distinct categories of damages.
What Are Economic Damages?
These are the calculable financial losses you have sustained. They include:
- Medical Expenses: This covers everything from the ambulance ride and initial hospital stay to future needs like plastic surgery for scars or ongoing physical therapy.
- Lost Wages: You may be compensated for any time you were unable to work while recovering.
- Loss of Earning Capacity: If the injury permanently impacts your ability to perform your job or earn the same income, this damage accounts for that future financial loss.
- Other Out-of-Pocket Expenses: This category includes related costs like transportation to medical appointments or counseling services for trauma.
What Are Non-Economic Damages?
Not all losses appear on a balance sheet. Non-economic damages are meant to compensate for the toll the injury takes on your quality of life.
- Pain and Suffering: This accounts for the physical pain of the injury and the discomfort of the recovery process.
- Emotional Distress: Many dog bite survivors experience anxiety, a new fear of dogs, or post-traumatic stress disorder (PTSD). This is a legitimate, compensable injury.
- Scarring and Disfigurement: You may receive compensation for permanent physical changes and the emotional impact they have on your life.
When Are Punitive Damages Awarded?
In rare situations where an owner's conduct was exceptionally reckless—for instance, if they knew their dog was dangerous, intentionally failed to restrain it, or deliberately trained it to attack others—a court may award punitive damages. These are not intended to compensate for your loss but to punish the defendant and discourage similar behavior from others.
How Could Your Actions Affect Compensation?
California law follows a "comparative fault" rule. The owner’s insurance company will investigate to determine if you did anything to provoke the attack. If a court decides you were partially responsible, your final compensation award may be reduced by your percentage of fault. Our role is to build a case that ensures no blame is unjustly shifted to you.
The Reality of Dog Bites in San Diego County
San Diego’s sunny weather and beautiful parks make it an ideal place for dog owners, but this also increases the chances of interactions that may lead to bites.
San Diego County by the Numbers
The data paints a clear picture. San Diego County officially reports around 2,500 dog bites to the state each year, though a grand jury report noted the actual figure is likely higher as not all cities consistently report their data.
Statewide, the problem is escalating; California recorded nearly 48,600 emergency room visits for dog bites in one recent year, a record high. Children are especially vulnerable. In one year, Rady Children's Hospital treated 457 dog bite cases.
Where Do Bites Happen Most Often?
Public parks, residential streets, and the homes of friends or family are all common settings. San Diego operates more than a dozen off-leash dog parks, including popular spots like Dog Beach in Ocean Beach and Nate's Point in Balboa Park, where interactions are constant.
County animal services data has previously identified zip codes in neighborhoods like Barrio Logan (92113) and City Heights (92105) as having high numbers of reported incidents.
California's Dog Bite Law: What Does "Strict Liability" Mean for You?
As mentioned earlier, the legal principle you need to know is "strict liability," which makes it much simpler for victims to pursue compensation here than in other states.
California Civil Code 3342 Explained
Simply put, California Civil Code § 3342 states that a dog's owner is liable for the damages someone suffers from a bite in a public place or while lawfully in a private place. This means you are not required to prove the owner was careless or knew their dog was aggressive. If their dog bit you and you were not trespassing, the owner is responsible. This rule removes a significant legal burden from victims.
Are There Any Exceptions to This Rule?
While the law is powerful, a few exceptions exist. These include:
- Trespassing: The law generally does not protect someone who was on private property without permission.
- Provocation: If it can be shown that you were hitting, tormenting, or otherwise provoking the dog, the owner may argue you were partially or entirely at fault.
- Working Dogs: Police and military dogs performing official duties are typically exempt from this law.
What If a Dog Caused an Injury Without Biting?
It's important to know that the strict liability rule applies only to actual bites. If a large dog jumps on you and knocks you over, causing a broken bone, that case would be argued under general negligence. In that situation, you would need to demonstrate the owner failed to use reasonable care to control their dog, which is a different legal standard. An experienced attorney can clarify which legal approach fits your specific situation.
Common Injuries We See in Dog Bite Cases
- Puncture Wounds and Lacerations: These direct injuries carry a high risk of infection.
- Nerve and Tendon Damage: Deep bites can cause lasting mobility issues or a permanent loss of sensation.
- Fractures: The force of a dog's jaw is powerful enough to break bones, particularly in the hands, arms, and face.
- Scarring and Disfigurement: These injuries may require expensive cosmetic surgery and often result in significant emotional distress.
When the Victim Is a Child: Special Considerations
An attack is devastating for any victim, but when a child is bitten, the consequences can be particularly severe. Children are not just smaller adults; their physical and emotional vulnerability creates unique challenges that a legal dog bite injury claim must address.
Physically, children are more susceptible to severe injuries. Their smaller stature means bites are more likely to occur on the head, neck, and face, areas with a high risk of permanent scarring and disfigurement. The force of a bite that might bruise an adult can easily fracture a child’s delicate bones.
Emotionally, the trauma can rewrite a child’s development. A single event can lead to a lifelong fear of dogs, anxiety in public spaces, and PTSD that manifests as nightmares, social withdrawal, or behavioral issues. When calculating damages, we must account for not just the immediate medical treatment but also the long-term needs:
- Future Scar Revision Surgeries: A child's skin grows and changes, meaning a scar may require multiple procedures over many years to minimize its appearance.
- Ongoing Psychological Care: Therapy or counseling may be needed to help a child process the trauma and prevent long-term phobias.
- Impact on Future Opportunities: Severe facial scarring, for example, could unfortunately affect a child’s social development and confidence later in life.
Dealing with the Dog Owner's Insurance Company
In the majority of dog bite cases, any compensation is paid by the owner's homeowner's or renter's insurance policy, not from the owner's personal savings. This is a key fact, especially if the dog belongs to a friend or neighbor.
The Insurance Company's Role
An insurance adjuster's role is to investigate and resolve claims while protecting the company's financial interests. They work for a business that must balance paying what is owed on a claim with remaining profitable. This dynamic means their objective is to settle the case for the lowest amount that is considered reasonable.
Common Tactics to Be Aware Of
- A Quick Settlement Offer: An insurer might present a fast offer before the full extent of your injuries is clear. An injury that appears minor initially could develop complications or require more treatment than first thought. Accepting an early offer permanently closes your claim.
- Requests for a Recorded Statement: You are not obligated to give a recorded statement. Adjusters are skilled in asking questions that could lead you to accidentally downplay your injuries or imply you were partly at fault. It is best to have your dog bite attorney manage all communications.
- A Slow and Frustrating Process: The claims process is filled with paperwork and requires detailed proof of every loss. Delays are frequent, and it’s easy to get worn down. This can create pressure to accept a lower offer just to resolve the matter as your own bills continue to pile up.
What You Can Do Right Now to Strengthen Your Case
While our legal team handles the heavy lifting, there are several practical steps you can take to help build a stronger case from home.
Actionable Steps:
- Follow Your Doctor's Treatment Plan: Your health is the priority. Attend all follow-up appointments, take your medications, and complete any recommended physical therapy.
- Keep a Journal: Document your daily pain levels, your emotional state, and any ways the injury disrupts your daily life. This provides powerful evidence of your non-economic damages.
- Track All Expenses: Maintain a detailed file of every receipt related to your injury. This includes co-pays, mileage for driving to appointments, and any other costs you have because of the incident.
- Obtain the Animal Control Report: If the bite was reported, get a copy of the official report. You can contact the San Diego County Animal Services office for non-emergencies at (619) 767-2675.
- Stay Off Social Media: Do not post anything about the incident, your injuries, or your recovery. Insurance companies will examine your social media profiles, looking for anything they can use to argue that your injuries are not as severe as you claim.
You Have a Right to a Full Recovery. Let Us Help.
The "one free bite" myth prevents too many people from getting the help they need. You should not have to carry the financial and emotional weight of an injury that someone else’s dog caused.
Our team at Harris Personal Injury Lawyers is ready to clarify your rights and handle the entire legal process, allowing you to focus your energy where it belongs: on healing.Your next step is a simple conversation. Call us today for a free, no-obligation consultation at (619) 864-7101.