Tustin Dog Bite Lawyer

California's Dog Bite Law: The Owner Is Strictly Liable

California Civil Code section 3342 makes a dog's owner liable when the dog bites someone who is in a public place or lawfully in a private place, including the owner's own property. It applies "regardless of the former viciousness of the dog or the owner's knowledge of such viciousness."

In practice, that means:

• You don't need to prove the dog had bitten anyone before. California has no "one free bite" rule.
• You don't need to prove the owner was careless.
• You do need to show the dog bit you, that you were in a public place or lawfully on private property (as a guest, a delivery worker or a visitor, for example), and that the bite caused your injuries.

There are limited exceptions, such as some police and military dogs doing their work, and the owner may argue you provoked the dog.

Injuries Without a Bite

Not every dog injury is a bite. A dog that knocks over a jogger, chases a cyclist into traffic or jumps on an older person can cause fractures and head injuries. Section 3342 covers bites only, but these cases can still be brought on other grounds, such as the owner's negligence in letting the dog run loose or a local leash law, or the owner knowing the dog was dangerous. Landlords and property managers can share responsibility when they knew about a dangerous dog and could have acted.

If you have children or a dog of your own, I also wrote about how to prevent dog bites.

What to Do After a Dog Bite

1. Get medical care. Dog bites carry a real infection risk, and a doctor may need to assess the need for rabies treatment (see when to see a doctor after a dog bite).
2. Get the owner's name, address and phone number, and ask about the dog's vaccination records.
3. Photograph your injuries, torn clothing and the place it happened, and keep photographing as the wounds heal.
4. Report the bite to animal control or the police, and get the names of any witnesses.
5. Don't give a recorded statement to the owner's insurer before you've spoken with a lawyer.

What a Dog Bite Claim Can Cover

Compensation can include emergency care and surgery, plastic or reconstructive surgery for scarring (including future procedures), counseling for anxiety or post-traumatic stress, lost wages, and pain, suffering and disfigurement. Scar cases, especially for children, need careful medical evidence about how the scar will change over time and what treatment will cost. Over my career I've recovered over $20 million for my clients in total.

How Fees Work: No Recovery, No Fee Guarantee

I handle dog bite cases on a contingency fee. You pay nothing upfront, I advance the costs of the case, and they're repaid from your recovery. If there's no recovery, you owe no fee.

Dog Bite FAQs

Is California a strict liability state for dog bites?

Yes. Under Civil Code section 3342, a dog's owner is liable for a bite in a public place or when the victim is lawfully on private property, even if the dog never showed aggression before.

Who pays for a dog bite in California?

Usually the owner's homeowners or renters insurance policy. If the bite happened at a rental property, the landlord's insurance may also be involved in some cases.

How long do I have to file a dog bite claim in California?

Generally two years from the date of the bite. If the injured person is a child, the deadline can be longer, but it's still best to act early.

Can I make a claim if I was bitten by a friend's or neighbor's dog?

Yes. Many bites involve a dog the victim knows. The claim is usually paid by the owner's insurance, not out of your friend's or neighbor's pocket.

What if the dog knocked me down but didn't bite me?

The strict liability statute covers bites, but you may still have a negligence claim, for example if the dog was off its leash or the owner knew it was dangerous.

Talk to a Tustin Dog Bite Lawyer

If you or your child was bitten or attacked by a dog, call me at (714) 461-6003 or request a free consultation. I'll explain how California's dog bite law applies to what happened and what your claim may be worth. You can also read more about my background, see the other types of injury cases I handle, or read about injuries on someone else's property.