Dog Bite Lawyer in California

Get medical care first, even for a bite that seems minor. Then find out who owns the dog, report the bite and document your injuries as they heal. Those records show what happened and how the bite affected you. These steps help, in order.

1. 1

   Get medical care.

   See a doctor, even if the bite looks small, and follow their instructions. Keep every record and bill.

2. 2

   Identify the dog and its owner.

   Get the owner's name, address and phone number, and ask about the dog's vaccinations. If you can do it safely, take a photo of the dog.

3. 3

   Report the bite.

   Report it to your local animal control agency or health department, and keep a copy or a reference number for the report.

4. 4

   Photograph your injuries.

   Take photos right away and as the wounds heal, including any scarring. Keep torn or bloody clothing in a bag.

5. 5

   Talk to witnesses.

   Get the names and phone numbers of anyone who saw the bite or knows the dog.

A homeowner's or renter's insurance policy may cover the bite, and the owner's insurance company may call you. You don't have to give them a recorded statement. You can say no and talk to a lawyer first.

We help adults and children hurt by someone else's dog, including:

• Bites in public places

  Parks, sidewalks, stores and other public spaces.

• Bites on private property

  When you were invited onto the property, or there to carry out a duty required by law, like a mail carrier.

• Bites to children

  Special timing rules can apply when the person bitten is a minor.

• Loose and off-leash dogs

  Dogs that got out of a yard or weren't under control.

• Knock-downs and chases

  Injuries from a dog that knocked you down or chased you, even without a bite.

• Serious attacks

  Multiple bites or attacks that cause lasting injuries and scars.

California has a strict dog bite law. A dog's owner is responsible when the dog bites someone in a public place or someone lawfully on private property, including the owner's own property. It doesn't matter whether the dog had bitten anyone before or whether the owner knew it could be dangerous (Civil Code §3342 (opens in a new tab)). That means you generally don't have to prove the owner was careless. These are the key questions:

• Was it a bite?

  The statute covers bites, and the skin doesn't have to be broken for it to apply.

  Source: CACI No. 463 (Judicial Council of California) (opens in a new tab)

• Where did it happen?

  In a public place, or on private property where you were lawfully present: invited, whether expressly or implied, or there to carry out a duty required by law.

  Source: Civil Code §3342 (opens in a new tab)

• Who owned the dog?

  The strict liability rule applies to the dog's owner. Claims against others, like a landlord or someone watching the dog, follow different rules.

  Source: Civil Code §3342 (opens in a new tab)

• Was it a police or military dog?

  A government agency using a dog in police or military work isn't strictly liable in certain situations, such as when the dog is helping hold a suspect. That exception doesn't apply to a bystander who wasn't involved in, or suspected of, the incident.

  Source: Civil Code §3342 (opens in a new tab)

• What if there was no bite?

  If a dog knocked you down or chased you into traffic, the bite statute doesn't apply, but you may still have a claim if the owner was careless, or if the owner or keeper knew or should have known the dog was dangerous.

  Sources: Civil Code §1714 (opens in a new tab); CACI No. 462 (Judicial Council of California) (opens in a new tab)

A claim can cover the losses the bite caused you. California law sorts them into economic losses, which are bills and lost income you can document, and non-economic losses, like pain, anxiety and scarring. What a claim is worth depends on its facts, and no lawyer can honestly promise a result. A claim may include:

Beyond the strict dog bite law itself, a few California rules shape a dog bite claim: the deadline to file and special timing for children. Each rule has exceptions, and the right answer depends on your facts, so treat this as a starting point, not legal advice.

Two years to file a lawsuit

The deadline to file a lawsuit for injuries is generally two years (Code of Civil Procedure §335.1 (opens in a new tab)). Some exceptions can change this, so it's best not to wait.

If a child was bitten

If the person bitten is a minor, the time until they turn 18 generally doesn't count toward the two-year deadline (Code of Civil Procedure §352 (opens in a new tab)). Even so, it's best to act early, while memories are fresh and the evidence is easy to find. That pause doesn't apply to claims against a public agency: the six-month claim deadline, and the deadline to sue after the agency rejects the claim, still apply.

What you still have to show

Strict liability means you don't have to prove the owner was careless, but you still have to show that the defendant owned the dog, that it bit you while you were in a public place or lawfully on private property, that you were harmed, and that the bite was a substantial factor in causing your harm (CACI No. 463 (opens in a new tab)).