If you live in California and a dog has bitten you, whether on a walk, at a park, or on private property, it is important to understand your legal rights. Dog bite injuries can cause serious physical pain, emotional trauma, and financial stress. At Deldar Legal, we have helped many California residents who come into contact with dogs every day, including delivery workers, pet owners, and children. Knowing how California dog bite laws work can help you protect yourself and your family after an attack.
California’s dog bite laws are among the strongest in the nation for victims. The law holds dog owners responsible for bites even if the dog has never shown aggression before. However, deadlines, evidence, and insurance claims can complicate the process. The sooner you act, the better your chances of getting fair compensation for your injuries.
Key Takeaways for California Dog Bite Laws
- California has a strict liability dog bite law that makes owners responsible for most bite injuries.
- You have two years from the date of the attack to file a personal injury claim.
- Victims can recover both economic and non-economic damages.
- Gathering strong evidence and documentation is essential to a successful claim.
- Speaking with a dog bite attorney in California early on can protect your rights and increase your recovery.
California’s Strict Liability Dog Bite Law
In many states, victims must prove the owner knew the dog was dangerous before the attack. California takes a different approach. Under California Civil Code Section 3342, a dog owner is automatically responsible when their dog bites someone in a public place or when the victim is lawfully on private property. This is known as strict liability.
Strict liability means the victim does not need to prove the dog has bitten someone before or that the owner is aware of any dangerous tendencies. If the bite occurred in a place where the victim had a legal right to be, the owner is responsible for the harm.
The main requirements under this law are:
- The defendant owns the dog.
- The dog bit the victim while the victim was in a public place or lawfully on private property.
- The victim was harmed.
- The dog’s action was a substantial factor in causing that harm.
This law is straightforward, but there are exceptions. It does not apply if the victim was trespassing, if the bite involved a law enforcement or military dog performing its duties, or if the victim knowingly assumed the risk, such as a veterinarian handling the animal.
Dog Owner Responsibility & Negligence
While strict liability covers most dog bite cases, some situations fall under pet owner negligence. Negligence applies when a dog causes injury without an actual bite, such as knocking someone down or chasing a person into traffic. In these cases, you must show that the owner failed to use reasonable care to control or restrain their dog.
Examples of owner negligence include:
- Letting a dog roam off leash in public.
- Failing to secure a broken property fence.
- Ignoring leashes in certain public spaces.
If a dog injures someone in these circumstances, the owner can still be held legally responsible. Negligence claims often require more evidence, so working with a skilled attorney helps ensure all necessary proof is collected.
Deadlines & Legal Timelines in California
The statute of limitations for most dog bite and personal injury claims in California is two years from the date of the attack. If you fail to file your lawsuit within this window, you may lose your right to recover compensation entirely.
If the bite occurred on government property or involved a government agency, you may have to file an administrative claim within six months of the incident. Missing these deadlines can prevent your case from moving forward, so acting quickly is critical.
Step-by-Step Guide: What to Do After a Dog Bite
A dog attack can be frightening and confusing. Following the right steps immediately afterward can protect your health and strengthen your legal case. Here is what you need to do:
1.) Prioritize Safety & Medical Care
Get to a safe area where the dog cannot reach you. Call 911 about serious injuries. Even if the wound seems minor, seek medical attention as soon as you can. Ask a medical professional to clean and evaluate the bite for infection and to assess your need for a tetanus shot or rabies evaluation. Follow every treatment instruction and keep copies of all records.
2.) Report the Dog Bite to Authorities
Contact your local animal control agency or health department as soon as possible. Ask for the report number and the investigator’s name. This documentation can confirm that the bite occurred and can help public health officials verify the dog’s vaccination status.
3.) Record the Scene Before it Changes
Use your phone to photograph everything you can see. Capture your wounds from several angles. Take pictures of the location, any blood on clothing, torn fabric, the dog if it is safe to do so, and any fencing or leash that was present. If witnesses stop to help, ask for their names and contact information before they leave.
4.) Exchange Information
Get the dog owner’s name, address, and phone number. Ask for the owner’s homeowner or renter insurance information. Confirm whether the dog is licensed and vaccinated and request the veterinarian’s contact information if available. Write down the exact location, date, and time of the bite.
5.) Do Not Apologize or Give Recorded Statements
Avoid discussing fault with the owner or with any insurance representative. Do not provide a recorded statement or sign medical releases without legal guidance. A casual apology or a guess about what happened can be used to reduce your claim. Refer all communications to your attorney.
6.) Reach Out to Deldar Legal
Once you are safe and have received medical care, contact Deldar Legal. Our attorneys can secure critical evidence, communicate with insurers, and guide your case from the first call through resolution. We help you focus on healing while we work to protect your rights.
Dog Bite Evidence & Documentation
The success of your claim often depends on the quality of your evidence. Here is what to collect and keep organized:
- Photographs of your injuries as they heal over time.
- Medical reports and billing statements from all treatments.
- A copy of the animal control report or police report.
- Witness statements confirming what they saw.
- Records of missed work and lost income.
- A personal journal documenting your pain, anxiety, or sleep problems after the incident.
Common Mistakes to Avoid:
- Waiting too long to seek medical treatment.
- Letting the insurance company record your statement without legal advice.
- Losing or misplacing medical records or receipts.
- Failing to document scarring, swelling, or other visible changes.
- Ignoring follow-up appointments or therapy.
A thorough collection of documentation allows your attorney to demonstrate the full impact of your injuries and the extent of your damages.
Filing Claims Under California Dog Bite Laws
Most dog bite claims in California are paid through the dog owner’s homeowner’s or renter’s insurance. However, insurance companies often try to limit payouts or deny responsibility. They might claim the victim provoked the dog, was trespassing, or exaggerated their injuries.
You should never feel pressured to provide a recorded statement or accept a low settlement without reviewing the offer with your attorney. A skilled lawyer can evaluate the policy, calculate fair compensation, and negotiate on your behalf.
If the dog’s owner does not have insurance or their coverage is insufficient, other options might be available. For example, in certain vehicle-related scenarios, your Uninsured or Underinsured Motorist (UM/UIM) coverage could come into play. Every case is unique, which is why having an experienced attorney can make a significant difference in how the claim is handled.
Recoverable Damages in a Dog Bite Case
California law allows victims to seek compensation for several types of losses, including:
Economic Damages
These are the measurable costs related to your injury, such as:
- Emergency care and hospital bills.
- Surgeries, stitches, and follow-up medical visits.
- Prescription medications and physical therapy.
- Lost wages and future lost earnings.
- Rehabilitation or counseling costs.
Non-Economic Damages
These cover the personal and emotional toll of a dog attack:
- Pain and suffering.
- Anxiety, depression, and fear of dogs.
- Permanent scarring or disfigurement.
- Loss of enjoyment of daily activities.
Future Care Needs
If your injuries require long-term treatment or plastic surgery, you may also recover the projected cost of future care. Each case depends on the severity of the wounds and how they affect your life moving forward.
Although California’s strict liability law favors victims, every case is evaluated individually. Results cannot be guaranteed, and your compensation will depend on your medical evidence, the circumstances of the attack, and the available insurance coverage.
Local Resources & Reporting in California
In Los Angeles County and throughout California, dog bites must be reported to local Animal Control agencies. These departments can investigate dangerous dogs, order quarantines, and maintain records of prior incidents. The California Department of Public Health (CDPH) recommends reporting all dog bites because:
“This is not to get an animal or its owner in trouble but is a way that local officials can make sure that the biting animal is healthy, licensed, and up to date on its rabies vaccinations.”
– CDHP Animal Bites Information Page
According to multiple public safety reports, California consistently leads the nation in the number of dog bite claims each year. The combination of a large population, year-round outdoor activities, and a strong pet culture makes understanding your rights even more essential.
When a claim requires court action, lawsuits are typically filed in the Superior Court of the county where the attack took place. Deldar Legal regularly represents clients across Los Angeles, San Jose, San Diego, and other parts of the state.
Why Contact a California Dog Bite Attorney
Dealing with a dog bite claim can be emotionally exhausting and legally complex. Insurance companies may delay responses or offer settlements that barely cover your medical bills. A dedicated attorney helps by:
- Investigating the facts of the attack.
- Collecting and preserving vital evidence.
- Working with medical experts to assess long-term damage.
- Negotiating directly with insurance companies.
- Filing a lawsuit if the insurer refuses to pay fairly.
Our attorneys at Deldar Legal approach each case with compassion and determination. We understand that dog bite victims are not just seeking money; they are seeking closure and accountability. We aim to provide both through clear communication and professional guidance.
Call Us Today
At Deldar Legal, we’re more than just attorneys, we’re your partners in recovery. If you’ve suffered an injury due to someone else’s negligence, you deserve a top-rated personal injury attorney in California who will fight for your rights and help you rebuild your life. From the moment you contact us, we handle everything, from medical appointments and transportation to insurance negotiations and legal paperwork, so you can focus on healing.
Our experienced team represents clients across a wide range of personal injury cases, including:
- Car, truck, and motorcycle accidents
- Uber and Lyft rideshare accidents
- Pedestrian and bicycle accidents
- Slip-and-fall and premises liability claims
- Dog bites and animal attacks
- Traumatic brain injuries, spinal cord damage, and other catastrophic injuries
- Wrongful death of a loved one
Deldar Legal is here to help. We offer free consultations and work on a no win, no fee basis, so there’s no risk in reaching out.
Call us today at (844) 335-3271 or contact us to speak with an experienced California injury lawyer. Let Deldar Legal fight for the justice and compensation you deserve.