1 Overview: When You Receive a Dog Bite Demand Letter

Receiving a demand letter claiming your dog bit someone is stressful and scary. The claimant (or their attorney) is demanding money for medical bills, pain and suffering, and possibly more. Understanding California's dog bite laws and your options is crucial to protecting yourself and your pet.

The Bad News

California is a "strict liability" state for dog bites. You can be liable even if your dog never showed aggression before and you took reasonable precautions.

The Good News

Defenses exist. Trespassing, provocation, comparative fault, and assumption of risk can eliminate or significantly reduce your liability.

First Priority

Notify your homeowner's or renter's insurance immediately. They may handle the entire claim for you under your policy's liability coverage.

What a Demand Letter Typically Contains

  • Description of the incident - When, where, and how the bite occurred
  • Medical treatment summary - Emergency room visits, stitches, follow-up care
  • Medical bills - Itemized costs for treatment received
  • Future treatment estimates - Scar revision, physical therapy, psychological counseling
  • Pain and suffering claim - Often 2-5x the medical bills
  • Demand amount - Total compensation requested
  • Deadline to respond - Usually 14-30 days before they threaten litigation

Do Not Ignore the Demand Letter

Even if you believe you're not liable, ignoring a demand letter is a mistake. Failure to respond may be used against you in court, and you could lose the opportunity to settle before costly litigation. At minimum, acknowledge receipt and indicate you're investigating the matter.

2 California Strict Liability: Civil Code 3342

California Civil Code Section 3342 creates "strict liability" for dog owners when their dog bites someone. This is one of the most important laws for dog owners to understand.

California Civil Code Section 3342(a)
"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, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness."

What "Strict Liability" Means for Dog Owners

Unlike most personal injury claims where the victim must prove negligence, strict liability means you're automatically liable if:

  • You own the dog - Ownership creates liability (not just possession or custody)
  • The dog bit someone - Must be an actual bite, not scratch, knock-down, or other injury
  • The victim was in a public place OR lawfully in a private place - Key requirement

No "One Bite Rule" in California

Unlike some states, California doesn't give dogs a "free bite." Your dog's prior good behavior is completely irrelevant under strict liability.

Bites Only

CC 3342 only covers bites. If your dog knocked someone down, scratched them, or caused injury without biting, strict liability doesn't apply - but negligence claims still might.

What Strict Liability Does NOT Require

  • Prior knowledge of viciousness - "I didn't know my dog would bite" is not a defense
  • Previous biting incidents - First-time biters create the same liability
  • Lack of precautions - Having fences, leashes, or "Beware of Dog" signs doesn't eliminate liability
  • Breed history - Doesn't matter if breed is typically gentle

Non-Owners May Face Different Standards

If you were dog-sitting, fostering, or otherwise caring for someone else's dog when the bite occurred, you may not be subject to CC 3342 strict liability. Instead, the claimant would need to prove you were negligent in controlling the dog. However, the actual owner would still face strict liability.

Common Law Negligence (Alternative Theory)

Even when CC 3342 doesn't apply (non-bite injuries, trespassing victims), claimants can still sue under common law negligence. This requires proving:

  1. You knew or should have known your dog had dangerous propensities
  2. You failed to use reasonable care to prevent harm
  3. Your failure caused the victim's injuries

3 Available Defenses for Dog Owners

Despite California's strict liability standard, several defenses can completely eliminate or significantly reduce your liability. Investigate each one carefully.

Defense #1: Trespassing

Civil Code 3342 explicitly requires the victim to be "lawfully in a private place." If the victim was trespassing on your property without permission or invitation, the strict liability statute does not apply. They would have to prove negligence instead.

Use when: Victim entered your property without permission, climbed your fence, ignored "No Trespassing" signs, was in an area clearly not open to visitors, or entered after being asked to leave.

Defense #2: Provocation

If the victim provoked your dog into biting, this is a complete defense under California law. The provocation must be the proximate cause of the bite. This can include physical abuse, teasing, threatening behavior, or cornering the dog.

Use when: Victim hit, kicked, or struck your dog; pulled ears or tail; teased or taunted; made threatening gestures; cornered the dog with no escape; startled a sleeping dog; interfered with the dog while eating.

Defense #3: Assumption of Risk

Professionals who work with dogs may have assumed the risk of dog bites as part of their profession. This includes veterinarians, vet technicians, groomers, dog trainers, kennel workers, and shelter employees.

Use when: Victim was a veterinary professional treating your dog, a groomer, a trainer, or other professional who regularly handles dogs as part of their job.

Defense #4: Comparative Fault

Even if defenses don't completely bar recovery, California's comparative fault rules can reduce the victim's recovery based on their own negligence. Their damages are reduced by their percentage of fault.

Use when: Victim ignored "Beware of Dog" signs; approached a dog that was growling or showing signs of aggression; acted carelessly around dogs; disregarded your warnings.

Defense #5: Police/Military Dog Exception

California Civil Code 3342(b) exempts police and military dogs from strict liability when the dog was defending itself, assisting law enforcement, or when the victim was committing a crime.

Use when: Your dog is a trained law enforcement or military working dog that was acting in official capacity or defending against criminal activity.

Important Defense Considerations

Defense Strength Evidence Needed
Trespassing Complete Defense Property boundaries, signs, witness statements
Provocation Complete Defense Witness statements, victim admissions, video
Assumption of Risk May Be Complete Victim's profession, job duties, signed waivers
Comparative Fault Reduces Damages Warning signs, victim's careless conduct

Defenses That Will NOT Work

  • "My dog has never bitten anyone before" - Irrelevant under strict liability
  • "I didn't know my dog was dangerous" - No knowledge requirement
  • "I had the dog on a leash" - Precautions don't eliminate liability
  • "The dog is usually friendly" - Past good behavior doesn't matter
  • "They should have known better around dogs" - Not enough without provocation

4 Evidence to Gather

Strong evidence can make or break your defense. Gather as much information as possible immediately after receiving the demand letter (or better yet, right after the incident).

Incident Documentation

  • check Exact location where bite occurred
  • check Date and time of incident
  • check Why the victim was at the location
  • check How the victim encountered your dog
  • check What happened immediately before the bite

Witness Information

  • check Names and contact info of all witnesses
  • check Written statements from witnesses
  • check Relationship of witnesses to parties
  • check What each witness saw and heard

Photos and Video

  • check Photos of the scene/property
  • check "Beware of Dog" or warning signs
  • check Fencing, gates, and property boundaries
  • check Security camera footage (if available)
  • check Photos of injuries at the time

Dog Records

  • check Rabies vaccination records
  • check Complete veterinary history
  • check Training certifications or records
  • check Licensing and registration

Property Documentation

  • check Property surveys or boundaries
  • check "No Trespassing" sign locations
  • check Gate or entry point configuration
  • check Any written invitations or permissions

Official Reports

  • check Animal control report
  • check Police report (if filed)
  • check Quarantine documentation
  • check Any prior bite history records

Obtain the Animal Control Report

If animal control was called, request a copy of their report. It often contains the victim's own description of events, which may reveal provocation or other defenses. Victim statements made immediately after the incident are often more reliable than later claims shaped by attorneys.

Evidence That Supports Provocation Defense

  • Witness statements describing victim's actions before the bite
  • Victim's own admissions about touching, approaching, or interacting with the dog
  • Video footage showing the incident or victim's behavior
  • Evidence the victim was warned to stay away from the dog
  • Dog's defensive posture indicating response to threat

Evidence That Supports Trespassing Defense

  • Photos showing "No Trespassing" or "Private Property" signs
  • Locked gates or fences the victim bypassed
  • Proof victim was not invited or had no legitimate purpose on property
  • Statements showing victim knew they shouldn't be there
  • Property surveys showing exact boundaries

5 Insurance Coverage

Understanding your insurance coverage is critical. Most dog bite claims are covered under homeowner's or renter's insurance policies, which can protect you from significant out-of-pocket expenses.

Homeowner's Insurance

Typically includes $100,000-$300,000 in liability coverage that can apply to dog bite claims, including medical expenses, legal defense, and settlements.

Renter's Insurance

Usually includes personal liability coverage that may cover dog bite claims. Coverage limits are often lower than homeowner's policies.

Umbrella Policies

Provide additional liability coverage beyond your homeowner's/renter's limits. Essential for serious bite claims that exceed standard policy limits.

Steps to Take with Your Insurance

  1. Report immediately - Most policies require prompt notice of potential claims. Delay could jeopardize coverage.
  2. Provide the demand letter - Give your insurer a copy of the demand and all related documentation.
  3. Cooperate fully - Answer their questions honestly and provide requested information.
  4. Get claim number and adjuster contact - You'll need this to direct claimant communications.
  5. Understand your coverage - Review your policy limits, deductibles, and any exclusions.

Breed Exclusions

Many insurance companies exclude certain breeds from coverage, including pit bulls, Rottweilers, German Shepherds, Dobermans, and other breeds deemed "dangerous." Review your policy carefully. If your dog's breed is excluded, you may have no coverage and could be personally liable for all damages.

Common Insurance Coverage Issues

Issue Risk Level Solution
Breed exclusion No coverage Seek specialty pet liability insurance
Prior bite history exclusion No coverage for repeat incidents Specialty coverage or higher-risk insurer
Failure to disclose dog May void coverage Update policy immediately; argue good faith
Coverage limits exceeded Personal liability for excess Umbrella policy; negotiate within limits
Late notice to insurer May affect coverage Report immediately; explain delay

What Insurance Covers

  • Medical expenses - Victim's treatment costs
  • Legal defense - Attorney fees to defend you if sued
  • Settlements - Agreed amounts to resolve claims
  • Court judgments - If case goes to trial (up to policy limits)

What Insurance Does NOT Cover

  • Intentional acts - If you commanded the dog to attack
  • Criminal fines - Penalties from dangerous dog violations
  • Punitive damages - Often excluded from policies
  • Amounts over policy limits - You're personally liable for excess
$450
Attorney Response Letter

Professional response on letterhead analyzing liability, asserting defenses, and coordinating with your insurance carrier.

Schedule Review

6 Sample Response Language

Use these templates as starting points for your response. Customize based on your specific situation and the applicable defenses.

Template 1: Insurance Referral Response
Re: Your Demand Letter dated [DATE] I acknowledge receipt of your demand letter regarding the incident involving my dog on [INCIDENT DATE]. This matter has been reported to my homeowner's insurance carrier, who will be handling this claim: [INSURANCE COMPANY NAME] Claim Number: [CLAIM NUMBER] Claims Adjuster: [ADJUSTER NAME] Phone: [PHONE NUMBER] Email: [EMAIL] Please direct all future correspondence regarding this claim to the above adjuster, who has authority to discuss and resolve this matter on my behalf. Sincerely, [YOUR NAME]
Template 2: Trespassing Defense
Re: Demand Letter dated [DATE] - Liability Disputed I am writing in response to your demand letter regarding the incident of [DATE]. After careful review of the facts, I must dispute liability. California Civil Code Section 3342's strict liability applies only to persons "lawfully in a private place." Your client was not lawfully present on my property at the time of this incident. Specifically, [describe the trespassing circumstances - e.g., "your client entered my fenced backyard without permission or invitation," "your client ignored clearly posted 'No Trespassing' and 'Beware of Dog' signs," "your client climbed over a locked gate to access my property"]. As a trespasser, your client cannot invoke the strict liability provisions of Civil Code 3342. To recover damages, your client would need to prove negligence, which we also deny. I took reasonable precautions to secure my property and warn against unauthorized entry. [WITNESS NAME] observed these circumstances and can confirm these facts. We reject this claim in its entirety. Should you choose to pursue litigation despite these defenses, we will vigorously defend and seek recovery of attorney fees and costs. Sincerely, [YOUR NAME]
Template 3: Provocation Defense
Re: Your Demand dated [DATE] - Provocation Defense I have reviewed your demand letter regarding the incident of [DATE] and must dispute liability based on provocation. The evidence clearly establishes that your client provoked my dog immediately before the bite occurred. Specifically, [describe the provocation in detail - e.g., "your client was repeatedly hitting my dog with a stick," "your client cornered my dog and made threatening gestures," "your client pulled my dog's tail despite being warned to stop," "your client startled my sleeping dog by grabbing its face"]. Under California law, provocation is a complete defense to dog bite liability. My dog's response was a direct, defensive reaction to your client's provocative conduct. The bite would not have occurred but for your client's actions. This is corroborated by [witness name(s) and/or other evidence]. We therefore deny all liability for any injuries your client may have sustained. This incident was caused entirely by your client's own conduct. Sincerely, [YOUR NAME]
Template 4: Comparative Fault Response
Re: Demand Letter dated [DATE] - Comparative Fault I am responding to your demand letter regarding the incident of [DATE]. While I acknowledge my dog was involved in this incident, your client bears significant responsibility for what occurred. Specifically: [List factors showing victim's fault, such as:] - Your client ignored clearly visible "Beware of Dog" warning signs - Your client approached my dog despite visible signs of agitation - Your client was warned verbally not to approach or touch the dog - Your client's conduct contributed substantially to this incident Under California's comparative fault doctrine, your client's recovery must be reduced in proportion to their own responsibility for this incident. Additionally, several of the damages claimed appear excessive or unrelated to this incident, including [identify disputed items]. I am willing to discuss a reasonable resolution that accounts for your client's comparative fault. However, the demand as stated does not reflect the actual circumstances of this matter. Sincerely, [YOUR NAME]
Template 5: Settlement Counteroffer
Re: Settlement Offer - Your Demand dated [DATE] Without admitting liability and solely to resolve this matter and avoid the expense of litigation, I am prepared to offer [$AMOUNT] in full and final settlement of all claims arising from the incident of [DATE]. This offer takes into account the following: 1. [Comparative fault / provocation / other defense factors] 2. The medical expenses appear [excessive / unrelated / inflated] in the following respects: [specify] 3. The pain and suffering demand is unsupported by the documented injuries This offer is contingent upon execution of a complete release of all claims against me, my household members, and my dog, together with a confidentiality provision. This offer will remain open for [14/21/30] days and is automatically withdrawn if not accepted in writing by [DATE]. Sincerely, [YOUR NAME]

When to Use an Attorney

For claims exceeding $10,000, claims involving serious injuries, or situations where strong defenses exist, consider having an attorney prepare your response. Attorney letterhead often results in more favorable outcomes and protects you from inadvertent admissions.

7 Damages Claimed: What's Reasonable to Dispute

Even if you're liable, you're only responsible for reasonable damages. Many demand letters include inflated or unrelated claims that should be challenged.

Typical Dog Bite Damage Categories

Example: Moderate Bite Requiring Stitches

Typical range for claims involving sutures and follow-up care

Emergency room visit $1,500-$5,000
Stitches and wound care $500-$2,500
Antibiotics and medications $100-$300
Follow-up visits $300-$1,000
Pain and suffering (1.5-3x medical) $4,000-$15,000
TYPICAL RANGE $6,000-$24,000

Damages You Should Challenge

Claimed Damage When to Dispute How to Challenge
Excessive medical bills Treatment seems unnecessary or prolonged Request itemized bills; compare to standard costs
Future treatment Speculative or unsupported by diagnosis Require medical opinion supporting necessity
Scar revision surgery Scar is minor or not visible Request photos; surgeon consultation
Pain and suffering Multiplier exceeds 3x medical costs Industry standards typically 1.5-3x for moderate injuries
Lost wages No documentation or excessive time off Request employer verification and medical restrictions
Psychological counseling Unrelated to incident or excessive Request treatment records showing connection

Pain and Suffering Multipliers

Insurance companies and courts typically use a multiplier applied to medical expenses to calculate pain and suffering. Reasonable multipliers depend on injury severity:

  • Minor injuries (no scarring, quick healing): 1-1.5x medical expenses
  • Moderate injuries (stitches, some scarring): 1.5-3x medical expenses
  • Serious injuries (facial scarring, nerve damage): 3-5x medical expenses
  • Severe/permanent injuries: 5x+ medical expenses

Facial Scarring Significantly Increases Value

Dog bite claims involving visible facial scarring can result in substantially higher settlements - often $50,000 to $100,000+ depending on severity. Plastic surgery costs and permanent disfigurement justify higher multipliers. Be prepared for larger demands in these cases.

Information to Request

  • Itemized medical bills - Not just summaries; actual billing statements
  • Medical records - Treatment notes, diagnoses, prognosis
  • Photos of injuries - Taken at various stages of healing
  • Employment verification - If lost wages claimed
  • Pre-existing conditions - Prior injuries to same area
  • Prior claims history - Pattern of claims may indicate fraud

8 Settlement vs Litigation: When to Settle, When to Fight

Deciding whether to settle or fight a dog bite claim requires careful analysis of the facts, defenses, and potential costs.

Consider Settling When:

  • Liability is clear (no viable defenses)
  • Damages are reasonable and documented
  • Insurance is covering the claim
  • Settlement is within policy limits
  • You want to avoid public court records
  • Cost of litigation exceeds settlement

Consider Fighting When:

  • Strong defenses exist (trespass, provocation)
  • Damages are grossly inflated
  • Claim appears fraudulent
  • Demand exceeds policy limits (personal exposure)
  • Principle matters more than cost
  • You want to protect your dog from "dangerous" designation

Insurance Company Involvement

When you tender the claim to your insurance company, they take control of settlement negotiations. Here's what to expect:

  • Investigation - Adjuster will investigate facts, interview witnesses, review medical records
  • Evaluation - Insurance sets a reserve (estimated value) for the claim
  • Negotiation - Adjuster negotiates with claimant's attorney
  • Settlement authority - Insurance can settle within limits without your consent (check policy)
  • Defense counsel - If sued, insurance provides and pays for your attorney

Your Rights When Insurance Settles

Most homeowner's policies give the insurance company authority to settle claims without your permission. However, you generally cannot be required to contribute to a settlement within policy limits. If the claim exceeds limits, the insurer should advise you of potential personal exposure.

Cost-Benefit Analysis

Factor Settlement Litigation
Time to resolution Weeks to months 1-3+ years
Legal costs Minimal $10,000-$50,000+
Outcome certainty Guaranteed Uncertain
Public record Confidential possible Court filings public
Stress/disruption Minimal Significant
Vindication None Possible if you win

Protecting Your Dog

Beyond the civil claim, you may face animal control proceedings that could designate your dog as "potentially dangerous" or "vicious." These designations can require:

  • Special enclosures or confinement requirements
  • Mandatory liability insurance
  • Muzzling in public
  • Warning signs on your property
  • In extreme cases, euthanasia orders

Dangerous Dog Hearings

If animal control seeks to designate your dog as dangerous or vicious, you have the right to a hearing. These hearings are separate from the civil claim and have different standards. You can contest the designation and present evidence of your dog's temperament, the circumstances of the incident, and your ability to control the dog going forward.

Get Professional Help Defending Your Claim

Dog bite claims under strict liability require careful defense. Get a professional response that protects you, your assets, and your pet.

Schedule Consultation - $450

California Resources

  • Civil Code 3342: California dog bite strict liability statute
  • Food & Agriculture Code 31601-31683: Potentially dangerous and vicious dog laws
  • Code of Civil Procedure 335.1: Two-year statute of limitations for personal injury
  • Local animal control: Quarantine requirements and dangerous dog proceedings