Dog bites
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California’s dog bite law is simpler than most people expect. The owner is responsible for a bite that happens in a public place, or while you are lawfully on private property, whether or not the dog has ever bitten before. You don’t have to prove the owner was careless.
Most claims are paid by the owner’s homeowner’s or renter’s insurance, which means you can be made whole without bankrupting a neighbor or a friend. We handle it with that in mind, particularly when the injured person is a child and the scars will be part of growing up.
What to do now
- 1
Get medical care and photograph the wounds.
Bites infect easily and scar badly. Take photos at each stage of healing.
- 2
Get the owner’s name and address.
And the dog’s vaccination status. Report the bite to animal control; the report is evidence.
- 3
Don’t negotiate with the owner directly.
Even if they’re a friend. Their insurer will handle it, and we’ll handle their insurer.
What your claim can include
- Emergency care, stitches, and infection treatment
- Plastic surgery and scar revision, including future procedures for children
- Counseling for trauma and fear of dogs
- Lost wages
- Pain, suffering and disfigurement
How long you have
Two years from the bite. For a child, the clock generally does not start until their 18th birthday, but evidence and insurance information are far easier to gather now.
Good to know
- Strict liability, in plain terms.
- Civil Code section 3342: the owner is liable for damages from a bite regardless of the dog’s history or the owner’s knowledge. The exceptions are trespassers and people who provoked the dog.
- Not a bite? There may still be a claim.
- Being knocked down or chased into traffic by a dog is handled under ordinary negligence rules. Call and we’ll tell you where you stand.
“My daughter was six. The dog belonged to our neighbor and I didn’t want a fight. Rachel dealt only with the insurance company, and the settlement set aside money for the surgery she may want as a teenager.”
Every case is different. Prior results do not guarantee or predict a similar outcome in your case.