Dog Bites

California is one of the strongest states in the country for dog bite victims. In most cases the owner is responsible for a bite even if the dog never showed aggression before, and a dog bite lawyer can make sure you recover what you are owed.

Smith Trial Group represents children and adults injured by dogs throughout Orange County and Southern California. Our results include a $750,000 settlement for a client who suffered facial injuries and scarring. We work on contingency.

On this page: California’s dog bite law · Other dog injuries · Who pays · What to do · Deadlines · FAQ

California’s Strict Liability Dog Bite Law

Under Civil Code section 3342, a dog owner is liable when the dog bites someone in a public place, or lawfully in a private place such as a home or yard. It does not matter whether the dog had bitten before or whether the owner knew it could be dangerous. There is no “one free bite” rule in California.

Injuries Without a Bite

Not every dog injury is a bite. Dogs knock people down, cause cyclists to crash, and trip pedestrians. Those cases are generally based on negligence, such as an owner violating a leash law, or on the owner’s knowledge of the dog’s dangerous tendencies. They can still result in significant recoveries.

Who Pays for a Dog Bite?

Most dog bite claims are paid by the owner’s homeowner’s or renter’s insurance, not out of the owner’s pocket. In some cases a landlord or property manager who knew about a dangerous dog may also be responsible.

What to Do After a Dog Bite

1. Get medical treatment. Dog bites carry a high risk of infection, and facial bites may need a plastic surgeon.
2. Identify the dog and owner, and confirm the dog’s vaccination status.
3. Report the bite to local animal control.
4. Photograph your injuries over time as they heal, and photograph the location.
5. Collect witness names and contact information.

Filing Deadlines

Dog bite claims are generally subject to California’s two-year personal injury statute of limitations. Special rules can apply to children’s claims, but it is always best to act promptly.

Helpful resources: Civil Code § 3342 · California Department of Public Health: Rabies

Dog Bite Injuries

Dog attacks can cause deep puncture wounds, torn tissue, nerve and tendon damage, infections, fractures, and permanent scarring, especially to the face and hands. Children are particularly vulnerable. Many victims also experience lasting fear and post-traumatic stress. Treatment may include plastic surgery and scar revision years later, which should be included in any claim. Our firm obtained a $750,000 settlement for a client who suffered facial bite injuries with scarring. Results depend on the facts of each case.

Landlords, Businesses and Other Responsible Parties

The dog’s owner is strictly liable under Civil Code 3342. In some situations, others may also be responsible, such as a landlord who knew a tenant’s dog was dangerous and had the ability to remove it, or a business that allowed a known dangerous dog on its property. These additional parties can matter when the owner has limited insurance.

Police and Military Dogs

California’s strict liability statute does not apply to bites by police or military dogs while performing official duties, as long as the use was lawful. Claims involving police dogs follow different rules, and claims against public entities generally require a government claim within six months. See suing a government agency.

Reporting the Bite

Report the bite to local animal control. The report documents the incident and the dog’s history, and the dog may be placed in quarantine to check for rabies. Animal control records are often important evidence, especially if the dog has bitten before. See California dog bite law.

Frequently Asked Questions

The dog belongs to a friend or neighbor. Will I be suing them personally?

Claims are usually paid by the owner’s homeowner’s or renter’s insurance. Many clients are relieved to learn their claim is with the insurer, not the person.

My child was bitten. What should I do?

Get medical care first, then call us. Children often suffer facial injuries and lasting emotional effects, and both should be fully documented.

Related guides: California dog bite law · How much is my case worth?