Overview

You've received a demand letter claiming your dog bit someone. California imposes strict liability on dog owners for bite injuries under Civil Code 3342 - meaning you're liable even if your dog never showed aggression before. However, defenses do exist, and damages can be challenged.

Strict Liability State

California doesn't require prior knowledge of dangerousness. If your dog bit someone lawfully present, you're presumptively liable regardless of precautions taken.

Insurance Coverage

Homeowner's and renter's insurance typically cover dog bite claims. Notify your insurer immediately - coverage may depend on timely notice.

Defenses Still Exist

Trespassing, provocation, comparative fault, and veterinary/police dog exceptions can eliminate or reduce liability.

California Dog Bite Law (CC 3342)

Civil Code Section 3342 provides: "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."

  • Bites only - Statute covers bites specifically; other injuries may require negligence proof
  • Lawfully present - Victim must be legally on the property (not trespassing)
  • Owner liability - Applies to owners; handlers/keepers may face negligence claims
  • No "one bite" rule - Unlike some states, prior good behavior is irrelevant
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Attorney Response on Letterhead

Defense analysis, liability evaluation, and professional response letter to protect your interests.

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Evaluate the Claim

Before responding, thoroughly investigate the incident. Even under strict liability, key facts can significantly impact your exposure.

Key Factors to Investigate

Factor Question Impact
Location Was victim lawfully present or trespassing? Can eliminate liability
Provocation Did victim provoke, tease, or startle the dog? Complete defense
Assumption of Risk Did victim knowingly interact with risk? May reduce damages
Injury Severity Minor scratch vs. serious laceration? Affects damages
Medical Treatment Is treatment reasonable and related? Challenge excessive claims

Incident Documentation

  • check Exact location of incident
  • check Why victim was on property
  • check Witness statements
  • check Photos of injuries and scene

Victim's Conduct

  • check Any provocation or teasing
  • check Ignored warnings or signs
  • check Known risk (dog professional?)
  • check Sudden movements or actions

Animal Control Report

If animal control was called, obtain their report. It may contain witness statements, photos, and the victim's own account of what happened. These statements can reveal provocation or other defenses.

Your Defenses

Despite California's strict liability standard, several defenses can eliminate or reduce your liability.

Trespassing (CC 3342(a))

The statute only applies to persons "lawfully in a private place." If the victim was trespassing on your property without permission, strict liability doesn't apply. They'd have to prove negligence instead.

When to use: Victim entered your property without invitation or permission, was in restricted areas, or ignored "No Trespassing" signs.

Provocation

If the victim provoked the dog through teasing, hitting, startling, or other aggressive conduct, this is a complete defense. The provocation must be the proximate cause of the bite.

When to use: Victim hit, kicked, teased, or cornered the dog; pulled tail or ears; made threatening gestures; startled sleeping dog.

Assumption of Risk

Professionals who knowingly work with dogs (veterinarians, groomers, trainers, shelter workers) may have assumed the risk of dog bites as part of their profession.

When to use: Victim was a veterinary professional, dog trainer, groomer, or other professional handling your dog.

Comparative Negligence

Even if defenses don't completely bar recovery, the victim's own negligent conduct (ignoring warnings, careless behavior around dogs) can reduce their recovery proportionally.

When to use: Victim ignored "Beware of Dog" signs, approached dog they knew was unfriendly, or acted carelessly.

Military/Police Dog Exception (CC 3342(b))

The statute exempts military or police dogs biting during official duties, or when the victim was committing a crime.

When to use: Your dog is a trained police or military working dog acting in official capacity.

Defenses That Don't 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 behavior doesn't matter

Response Options

Based on your evaluation, choose the appropriate response strategy.

Tender to Insurance

Notify your homeowner's or renter's insurance immediately. They will investigate, provide defense, and handle settlement within policy limits.

  • Professional claims handling
  • Defense costs covered
  • Protects personal assets

Assert Defenses

If you have strong provocation, trespassing, or assumption of risk defenses, respond formally disputing liability.

  • Can defeat claim entirely
  • Preserves legal position
  • May deter litigation

Negotiate Settlement

If liability seems clear, focus on negotiating reasonable damages. Challenge excessive treatment or inflated pain and suffering claims.

  • Avoids litigation costs
  • Controls outcome
  • Faster resolution

Challenge Damages Only

Accept liability but dispute the amount claimed. Request medical records, verify treatment necessity, challenge non-economic damages.

  • Reduces exposure
  • Focuses on real issues
  • May lead to compromise

Typical Dog Bite Claim Values

Example: Moderate bite requiring stitches

Emergency room visit $2,000-$5,000
Stitches and wound care $500-$2,000
Follow-up treatment $500-$1,500
Scar revision (if needed) $3,000-$10,000
Pain and suffering (1-3x meds) $5,000-$25,000
TYPICAL RANGE $10,000-$45,000

Scarring Increases Value

Dog bite claims involving visible scarring, especially on the face, can result in significantly higher settlements due to disfigurement damages. Plastic surgery costs and permanent scarring can push claims into six figures.

Sample Responses

Copy and customize these response templates for your situation.

Insurance Referral
I acknowledge receipt of your demand letter dated [DATE] regarding the incident involving my dog on [INCIDENT DATE]. This matter has been reported to my homeowner's insurance carrier: [INSURANCE COMPANY] Claim Number: [CLAIM NUMBER] Adjuster: [NAME] Phone: [PHONE] Please direct all future correspondence to the above adjuster who has authority to discuss this claim on my behalf.
Provocation Defense
I have reviewed your demand letter regarding the incident of [DATE] and must dispute liability based on provocation. The evidence shows that [describe provocation - e.g., "your client was repeatedly teasing my dog through the fence," "your client hit my dog with a stick," "your client cornered my dog and made aggressive gestures"]. This provocation directly caused the dog's defensive response. Under California law, provocation is a complete defense to a dog bite claim. My dog's reaction was a direct response to your client's conduct. [WITNESS NAME] observed this incident and can confirm these facts. We therefore deny liability for any injuries claimed.
Trespassing Defense
I dispute your demand regarding the incident of [DATE]. 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. [Describe circumstances - e.g., "Your client entered my fenced backyard without permission," "Your client ignored clearly posted 'No Trespassing' and 'Beware of Dog' signs," "Your client was not invited onto my property"]. As a trespasser, your client cannot invoke the strict liability provisions of Civil Code 3342. To recover, your client would need to prove negligence, which we also deny. We reject this claim in its entirety.
Settlement Offer
Without admitting liability, and solely to resolve this matter, I am prepared to offer [$AMOUNT] in full settlement of all claims arising from the incident of [DATE]. This offer accounts for reasonable medical expenses but disputes the excessive [pain and suffering/future treatment/other] claims in your demand. We note that [describe basis for reduced offer - e.g., "the injuries were minor," "your client's comparative fault," "the treatment appears excessive"]. This offer is contingent upon execution of a complete release of all claims. It will remain open for [14] days and is withdrawn if not accepted by [DATE].

Next Steps

Actions to take after receiving a dog bite demand letter.

Step 1: Notify Insurance

Contact your homeowner's or renter's insurance immediately. Most policies cover dog bite claims up to liability limits.

Step 2: Gather Evidence

Collect photos, witness information, animal control reports, and any evidence of provocation or trespassing.

Step 3: Protect Your Dog

Comply with any quarantine requirements. Keep your dog secured to prevent additional incidents during this period.

Step 4: Evaluate Defenses

Analyze whether provocation, trespassing, assumption of risk, or other defenses apply to your situation.

Quarantine Requirements

  • 10-day quarantine - Required to confirm no rabies symptoms
  • Home quarantine - Usually allowed if dog is current on vaccinations
  • Animal control hold - May be required if vaccination status unknown
  • Documentation - Keep records of rabies vaccination

Insurance Considerations

  • Coverage limits - Typical homeowner's policies cover $100,000-$300,000
  • Breed exclusions - Some policies exclude certain breeds
  • Prior incidents - May affect coverage for repeat incidents
  • Umbrella policy - Consider additional coverage for large claims

Potential Dog Consequences

Depending on severity and circumstances, animal control may designate your dog as "potentially dangerous" or "vicious," which can require special enclosures, liability insurance, and other restrictions. Serious cases could result in euthanasia orders, which can be contested.

Get Professional Help

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

Schedule Consultation - $450

California Resources

  • Civil Code 3342: California dog bite statute
  • Food & Ag Code 31601-31683: Potentially dangerous and vicious dog laws
  • Local animal control: Quarantine and investigation procedures