Bitten by a Dog in California? Here’s What You Need to Know About Your Legal Rights
Dog bites can happen in an instant — but the effects can last much longer. From painful wounds and permanent scarring to emotional trauma and missed work, a dog attack is a serious legal and medical issue. The good news? California law strongly protects dog bite victims.
Whether you were bitten at a park, inside someone’s home, or while delivering a package, you may be entitled to compensation. Below, we break down California’s dog bite laws, what to do after an attack, and how to pursue a claim — with or without a lawsuit.
California Is a Strict Liability State for Dog Bites
Under California Civil Code § 3342, dog owners are held strictly liable when their dog bites someone — even if the dog has never bitten anyone before. In other words, victims do not need to prove that the dog owner was negligent.
Strict liability applies if:
- The bite occurred in a public place
- The bite occurred on private property where you were lawfully present (such as a guest, delivery person, or maintenance worker)
This means that as long as you weren’t trespassing or provoking the animal, you likely have a legal right to compensation — even if the dog had no history of aggression.
Common Dog Bite Injuries That May Qualify for Compensation
Dog bite injuries can vary from mild to severe, and some may not show full effects until days or weeks after the attack. Common injuries include:
- Puncture wounds and deep lacerations
- Nerve damage and torn muscles
- Facial injuries or eye trauma
- Broken bones or fractures
- Infections, including rabies and MRSA
- Permanent scarring or disfigurement
- Psychological effects, including PTSD, anxiety, or fear of dogs
Prompt medical treatment is essential — both for your health and to document the extent of your injuries for your claim.
What Compensation Can You Recover After a Dog Bite?
A personal injury claim for a dog bite in California can include:
Economic damages:
- Emergency care and hospitalization
- Ongoing medical treatment, including plastic surgery
- Prescription medications
- Lost income or future earning potential
- Costs for psychological counseling or therapy
Non-economic damages:
- Physical pain and suffering
- Emotional distress or trauma
- Loss of enjoyment of life
- Disfigurement or visible scarring
- Anxiety, insomnia, or behavioral changes — especially in children
In some cases, if the dog’s owner acted with extreme recklessness (such as violating leash laws or ignoring prior complaints), punitive damages may also be awarded.
Who Pays for a Dog Bite Injury?
Dog bite claims are typically paid out through insurance policies, not directly by the dog owner. The specific type of insurance depends on where the bite happened and who was responsible:
- Homeowner’s insurance:
Most dog owners’ homeowner’s policies will cover bites that occur on or off their property. - Renter’s insurance:
If the dog owner rents, their renter’s policy may provide liability coverage. - Commercial policies:
If the dog was owned by a business (like a guard dog), a commercial general liability policy may apply. - Landlord liability:
In some cases, landlords may share liability if they knew about a dangerous dog on the premises and failed to act. - Umbrella or excess coverage:
In cases involving serious injury, an umbrella policy may provide additional compensation beyond the primary policy limits.
An experienced personal injury attorney can help identify all available policies and determine which insurer(s) may be responsible for paying your claim.
How Long Do You Have to File a Dog Bite Lawsuit in California — and Who Pays for the Damages?
In most California dog bite cases, the statute of limitations — or legal deadline — to file a personal injury lawsuit is two years from the date of the bite. If you don’t file your case in time, you may lose your right to compensation.
Key exceptions to know:
- Government-owned dogs (e.g., police or military K9s):
If the dog was owned or handled by a government agency, you must file a government tort claim within 6 monthsof the incident. These cases involve special procedures and require swift legal action. - If the victim is a minor:
The statute of limitations is tolled (paused) until the child turns 18. That means the child generally has until their 20th birthday to bring a claim. However, it’s still important to act early to preserve evidence and protect the child’s rights.
Because there are exceptions and case-specific nuances, it’s always best to consult with a personal injury lawyer to determine the statute of limitations that applies to your specific situation. Waiting too long — even by a few days — can jeopardize your entire claim.
What to Do After a Dog Bite
To protect both your health and your legal rights, follow these steps:
- Get medical attention immediately, even for minor-looking wounds
- Report the incident to local animal control or the police
- Get contact info for the dog’s owner and any witnesses
- Photograph your injuries and the scene of the attack
- Keep records of all treatment, expenses, and missed work
- Avoid giving statements to insurance adjusters without legal advice
- Contact a dog bite attorney to begin the claim process
Why You Should Work With a Dog Bite Lawyer
Dog bite cases are often more complex than they seem. Insurance companies may try to downplay injuries, deny liability, or pressure you into accepting a low settlement. A lawyer can:
- Handle communication with all involved parties
- Investigate the incident and collect critical evidence
- Ensure proper valuation of your physical and emotional injuries
- Pursue all applicable insurance coverage
- File a lawsuit if the insurer refuses to pay fair compensation
Your focus should be on healing — not fighting with insurance adjusters. An attorney can take that burden off your shoulders.
Bitten by a Dog in California? Let’s Talk.
You shouldn’t have to deal with medical bills, emotional stress, or lost wages on your own — especially when the law is on your side.
Call Lawyer Gigi today for a free consultation.
We’ll review your case, explain your rights, and help you recover the compensation you need to move forward with confidence.
