Dog Bite Claims FAQ

California Civil Code Section 3342 establishes strict liability for dog owners when their dog bites someone. This means the owner is legally responsible for damages regardless of whether the dog had ever bitten anyone before or shown aggressive tendencies. The victim does not need to prove the owner was negligent or knew the dog was dangerous. This strict liability applies when the person bitten was in a public place or lawfully in a private place, including the owner's property.

The law covers both invited guests and those present for legal duties such as mail carriers, utility workers, or delivery personnel. However, strict liability only applies to actual bites, not other injuries caused by dogs such as being knocked down or scratched. For non-bite injuries, victims must pursue claims under general negligence theories.

Dog bite victims in California can recover both economic and non-economic damages. Economic damages include all medical expenses such as emergency room visits, surgeries, hospitalization, medications, physical therapy, and future medical care including plastic surgery for scarring. You can also recover lost wages if you missed work during recovery, as well as loss of earning capacity if injuries affect your ability to work long-term.

Non-economic damages compensate for pain and suffering, emotional distress, disfigurement, and reduced quality of life. Dog bites can cause significant psychological trauma including PTSD, anxiety around dogs, and nightmares, all of which are compensable. In rare cases involving extreme recklessness or intentional conduct by the dog owner, punitive damages may be available. California does not cap damages in dog bite cases, so compensation depends on the severity of injuries and their impact on your life.

In California, dog bite victims have two years from the date of the bite to file a personal injury lawsuit under Code of Civil Procedure Section 335.1. This deadline is strict, and failing to file within this timeframe typically results in permanent loss of your right to sue. However, there are important exceptions that may extend or toll this deadline.

For minors under 18, the statute of limitations is tolled until they reach the age of majority, meaning they have until their 20th birthday to file. If the dog owner leaves California after the bite but before a lawsuit is filed, the time they are absent may not count toward the two-year period. Additionally, if the victim is mentally incapacitated, the limitations period may be tolled. Despite these exceptions, it is crucial to act promptly because evidence deteriorates, witnesses forget details, and medical records documenting the full extent of injuries are best compiled immediately after the incident.

Most standard homeowner's and renter's insurance policies in California include liability coverage for dog bites, typically ranging from $100,000 to $300,000 or more. This coverage generally pays for the victim's medical expenses, lost wages, pain and suffering, and legal defense costs for the dog owner. However, many insurers have breed-specific exclusions and may deny coverage or charge higher premiums for breeds statistically associated with more bites, such as pit bulls, Rottweilers, German Shepherds, and others.

Some policies have specific dog bite exclusions or may cancel coverage after a first bite incident. Insurers may also deny coverage if the owner knew their dog was dangerous and failed to disclose this when obtaining the policy. If the dog owner is uninsured or underinsured, victims may need to pursue a claim directly against the owner's personal assets. California law requires insurance companies to provide coverage information during claim investigations, helping victims understand available compensation sources.

Immediately after a dog bite, prioritize your health by thoroughly washing the wound with soap and warm water for at least five minutes to reduce infection risk. Apply antibiotic ointment and a clean bandage, then seek medical attention promptly, especially for deep wounds, excessive bleeding, or bites to the face, hands, or feet. Request copies of all medical records and document your injuries with photographs daily as they heal.

Obtain the dog owner's name, address, phone number, and homeowner's insurance information. Identify the dog by breed, color, and size, and get the dog's vaccination records, particularly rabies status. If the owner is unknown, note where the dog went. Report the bite to local animal control, which is required in California and creates an official record. Gather contact information from any witnesses. Do not give recorded statements to insurance companies without legal advice, and avoid signing any documents or accepting early settlement offers. Preserve evidence including torn clothing, and keep a journal documenting your pain levels, medical appointments, and how injuries affect daily activities.

California follows pure comparative negligence rules, meaning you can still recover damages even if you were partially at fault for the dog bite, but your compensation will be reduced by your percentage of fault. For example, if you suffered $100,000 in damages but were found 20% responsible for provoking the dog, you would recover $80,000. Unlike some states that bar recovery if you are more than 50% at fault, California allows recovery even if you are 99% responsible, though your damages would be reduced accordingly.

However, under the strict liability statute, certain conduct may eliminate the owner's liability entirely rather than just reducing damages. If you were trespassing or committing a crime on the property, or if you provoked the dog, the owner may have complete defenses. The comparative fault analysis typically applies in negligence-based claims for non-bite injuries or when strict liability defenses apply. An experienced attorney can help evaluate how comparative fault might affect your specific case.

Strict liability under California Civil Code 3342 and negligence represent two distinct legal theories for dog bite claims. Under strict liability, the dog owner is automatically responsible for bite injuries regardless of fault if the victim was lawfully present and did not provoke the dog. The owner's knowledge of the dog's dangerous propensities is irrelevant. However, strict liability only applies to actual bites in California.

Negligence claims require proving the owner failed to exercise reasonable care in controlling their dog, and this failure caused your injuries. Negligence applies to non-bite injuries such as being knocked down, scratched, or chased into traffic. To prove negligence, you must demonstrate the owner had a duty of care, breached that duty through careless conduct, and this breach directly caused your injuries and damages. Examples include failing to leash a dog, inadequate fencing, or ignoring warnings about aggressive behavior. Many dog attack cases involve both theories, with strict liability for the bite itself and negligence for additional injuries.

California landlords can potentially be held liable for tenant dog bites under negligence theory, though not under the strict liability statute which applies only to dog owners. To hold a landlord liable, you must prove they knew or should have known about the dog's dangerous propensities and had the ability to remove the dog or take other protective measures but failed to do so.

Evidence of landlord knowledge includes prior bite incidents on the property, complaints from other tenants or neighbors, warning signs about the dog, or the landlord's personal observations of aggressive behavior. The landlord must also have sufficient control over the property to address the danger, which typically exists in common areas like hallways, parking lots, and shared yards. Some California courts have found landlords liable when they had actual knowledge of a vicious dog and the ability to have it removed through lease provisions or eviction but failed to act. However, landlords generally are not strictly liable simply because they allowed dogs on the premises. Cases against landlords are more complex than direct owner liability claims and require thorough investigation.

Permanent scarring and disfigurement from dog bites significantly increase the value of claims in California because they represent lasting, visible reminders of the attack that affect victims for life. Compensation for disfigurement includes the cost of all corrective procedures such as plastic surgery, dermabrasion, laser treatments, and scar revision surgeries, which may require multiple operations over years.

Non-economic damages for scarring consider the scar's location, with facial and visible body area scars commanding higher compensation than those easily covered by clothing. The victim's age, gender, and profession matter because scarring may more significantly impact someone whose career depends on appearance. Psychological impact is also compensable, including depression, anxiety, self-consciousness, and social withdrawal caused by disfigurement. Courts and juries consider how scarring affects daily activities, relationships, and quality of life. Expert testimony from plastic surgeons helps establish the permanence of scars and future treatment costs. Photographs documenting the wound and healing process are essential evidence.

While you can pursue a dog bite claim without an attorney, having experienced legal representation typically results in significantly higher compensation and ensures you navigate California's legal requirements correctly. Attorneys understand how to properly value claims, including future medical expenses, long-term scarring implications, and non-economic damages that victims often underestimate.

Insurance companies have teams of adjusters and lawyers working to minimize payouts, and without legal representation, you may accept settlements far below your claim's actual value. An attorney can conduct thorough investigations, identify all liable parties including landlords or property managers, locate insurance policies, preserve evidence, and obtain necessary expert testimony. They handle all communications with insurance companies, protecting you from making statements that could harm your claim. Most dog bite attorneys work on contingency fees, meaning you pay nothing upfront and they receive a percentage only if you recover compensation. This arrangement makes quality legal representation accessible regardless of your financial situation.