Injured by a Dog in California? How to Get Compensated

California Is a “Strict Liability” State for Dog Bites

California is often described as having a victim-friendly dog bite law. Under California Civil Code section 3342, a dog owner is generally responsible for damages if their dog bites someone in a public place or someone who is lawfully on private property, regardless of whether the dog ever showed signs of aggression before.^[1]

In many cases, the injured person does not have to prove that the owner knew the dog was dangerous or that the owner was negligent. The key questions are:

• Did the dog bite you?
• Were you in a public place or lawfully on private property (including the dog owner’s property as a guest or for lawful business)?
• Did you suffer damages as a result (such as medical bills, lost wages, pain and suffering)?

If the answer to these questions is yes, the owner is typically responsible for your injuries, subject to important exceptions discussed below.

What Counts as a Dog Bite in California?

California courts have interpreted a “bite” broadly for purposes of the dog bite statute. A bite does not always have to break the skin to trigger strict liability, as long as the dog uses its teeth to grab or clamp in a way that causes injury. For example:

• A dog clamps onto someone’s clothing and causes them to fall and break a bone.
• A dog grips someone’s arm without puncturing the skin but causes bruising or soft-tissue damage.

However, not all dog-related injuries are classic “bite” cases. You may still have a claim even if there was no bite at all, but the legal theory may be different (typically negligence instead of strict liability). Examples include:

• A large dog knocks someone down while jumping.
• A dog chases a bicyclist into traffic.
• A poorly restrained dog causes someone to trip and fall.

In these non-bite situations, you may need to show that the person responsible for the dog failed to use reasonable care in controlling or restraining it.

Common Injuries From Dog Attacks

Dog-related incidents can cause serious, long-lasting harm. Common injuries include:

• Puncture wounds and lacerations
• Infections, including those requiring antibiotics or hospitalization
• Nerve damage and loss of function in the hands, arms, or legs
• Scarring and disfigurement, especially to the face, neck, and hands
• Fractures and joint injuries from being knocked down or pulled to the ground
• Eye and facial injuries from bites or claws
• Psychological trauma, such as anxiety, phobias, or post-traumatic stress

Because some complications (like infection, nerve damage, or emotional distress) can develop or worsen over time, it is important to seek medical care promptly and follow up as directed.

What Compensation Can You Recover After a Dog Bite?

If you were injured by a dog in California, you may be able to recover compensation for both economic and non-economic losses. Depending on the facts of your case, this can include:

• Medical expenses: Emergency room visits, urgent care, follow-up appointments, surgery, hospitalization, physical or occupational therapy, psychological counseling, and reasonably anticipated future medical care.
• Lost income: Time you missed from work while recovering, including wages and certain lost self-employment income.
• Reduced earning capacity: If your injuries limit your ability to work or advance in your career in the future.
• Pain and suffering: Physical pain, emotional distress, anxiety, fear of dogs, sleep disturbances, and loss of enjoyment of life.
• Scarring and disfigurement: Particularly for visible scars on the face, neck, or hands.
• Property damage: Clothing, glasses, phones, or other personal property damaged in the incident.

Each case is different. The value of a claim typically depends on the severity of the injuries, the extent of medical treatment, how the incident affects your daily life and work, and the amount of available insurance coverage.

What to Do Right After a Dog Bite or Dog-Related Injury

Your health and safety come first. If you can do so safely after a dog bite or attack:

1. Get to a safe place.

   Move away from the dog and out of danger as soon as possible.

2. Call 911 for serious injuries.

   If you have heavy bleeding, severe pain, potential fractures, or injuries to the face, eyes, or neck, call emergency services immediately.

3. Get medical care promptly.

   Even if the injury seems minor, dog bites can lead to infections, nerve damage, and scarring. A medical professional can clean and document the wound, evaluate infection risk, and recommend follow-up.

4. Identify the dog and its owner.

   Get the owner’s name, address, and contact information. If possible, ask for proof of rabies vaccination and the dog’s license number.

5. Report the incident.

   California law and local regulations contemplate reporting many dog bites and certain dog attacks to animal control or public health authorities, in part to address rabies risk and track potentially dangerous animals. Guidance from the California Department of Public Health explains how animal bites relate to rabies control and public health reporting.^[3]

6. Document everything.

   If you are able, or with the help of a friend or family member:

   • Take photos of your injuries at different stages of healing.
   • Photograph the location of the incident and any torn clothing or property damage.
   • Keep copies of medical records, bills, and prescriptions.
   • Write down your recollection of what happened while your memory is fresh.
7. Avoid giving detailed statements to insurers before legal advice.

   The dog owner’s insurance company may contact you quickly. Be cautious about giving recorded statements or signing any forms or releases before you understand your rights.

How Liability Works in California Dog Bite Cases

While California’s dog bite statute is favorable to victims, liability is not automatic in every situation. Key concepts include:

Strict Liability for Bites

If a dog bites you while you are legally present in a public place or on private property, the owner is generally responsible for damages, even if the dog never acted aggressively before.^[1]

Lawful Presence on the Property

You are typically protected if you were:

• In a public place (for example, a sidewalk, park, or retail store).
• On private property with permission (for example, visiting a friend or contractor performing work).
• On private property for a lawful purpose (for example, a delivery driver or postal worker).

Negligence-Based Claims

If there is no bite, or if someone other than the owner had control over the dog (such as a landlord or dog walker), compensation may depend on showing that person failed to use reasonable care in controlling the animal.

Multiple Potentially Responsible Parties

In some cases, you may have claims against more than one person or entity, such as the dog’s owner, a landlord or property manager in specific circumstances, or a business that allowed an aggressive dog on the premises. A careful factual investigation is often necessary to identify all potential sources of compensation.

Common Defenses in California Dog Bite Cases

Dog owners and their insurance companies sometimes raise defenses to avoid or limit liability, such as:

• Trespassing: If the injured person was unlawfully on private property, strict liability under the dog bite statute may not apply.
• Provocation: The owner may argue that the victim provoked the dog—by teasing, hitting, or otherwise intentionally aggravating the animal—and that this contributed to the bite.
• Assumption of risk: Certain professionals who regularly work with dogs (such as veterinarians or groomers) may, in some situations, be considered to have accepted some level of risk.
• Comparative fault: California follows a comparative fault system. If the injured person is found partially at fault—for example, by ignoring clear warnings to stay away from a dog—any damages awarded may be reduced in proportion to their share of responsibility.

These issues are highly fact-specific. An attorney can help gather evidence (such as witness statements, prior complaints, or animal control records) to respond to these defenses.

Time Limits to File a Dog Bite Claim in California

California law sets strict time limits for filing personal injury lawsuits, including dog bite and other dog-related injury cases. If you miss the applicable deadline, you may lose your right to pursue compensation in court.

In many dog bite cases against private parties, the general personal injury statute of limitations under California Code of Civil Procedure section 335.1 provides a two-year filing period from the date of injury, subject to exceptions.^[2] However, the exact deadline can depend on factors such as:

• The age of the injured person (adults versus minors).
• Whether the claim is against a private individual, a business, or a public entity (such as a city or county).
• When the injury was discovered or reasonably should have been discovered.
• Whether special claim procedures apply (for example, California government claim requirements, which can involve much shorter deadlines).

Because these rules are complex and missing a deadline can be fatal to your claim, it is important to speak with an attorney as soon as possible after the incident so the applicable timelines can be evaluated for your specific situation.

Insurance Coverage in Dog Bite Cases

Many dog bite claims are paid by insurance, not the dog owner personally. Potential sources of coverage can include:

• Homeowners insurance
• Renters insurance
• Landlord or premises liability insurance (in limited circumstances)
• Commercial general liability policies (if the incident occurs at a business)

However, some insurance policies:

• Exclude certain dog breeds.
• Exclude coverage if the dog has a known history of aggression.
• Have lower coverage limits for dog-related incidents.

Insurance companies may contact you quickly, ask for recorded statements, request access to your medical records, or offer early settlements that do not fully reflect your losses. Speaking with an attorney before dealing extensively with the insurer can help you avoid accepting a low settlement or making statements that could later be used against you.

How a California Dog Bite Lawyer Can Help

Navigating a dog bite claim while you are recovering from injuries can be overwhelming. An experienced California dog bite attorney can:

• Evaluate your case: Determine how the law applies to your situation, including whether strict liability, negligence, or both may apply.
• Investigate the incident: Gather witness statements, photos, medical records, animal control reports, and any history of prior incidents involving the same dog.
• Identify all liable parties and insurance coverage: Including homeowners, renters, business, or other liability policies that may apply.
• Work with medical and other experts: To understand your injuries, long-term prognosis, future medical needs, and impact on your ability to work.
• Calculate the full value of your claim: Considering both current and future damages, including pain and suffering and scarring.
• Handle communications with insurers: So you do not have to deal directly with adjusters, recorded statements, or document requests.
• Negotiate for a fair settlement: Using evidence and expert input to support your claim.
• File a lawsuit and go to court, if necessary: To protect your rights if the insurance company refuses to make a reasonable offer.

Many personal injury attorneys handle dog bite cases on a contingency fee basis, meaning you typically do not pay attorney’s fees unless they recover money for you. Fee structures vary, so it is important to discuss how fees and costs will be handled before you hire a lawyer.

After a Dog Bite in California, Take Action to Protect Your Rights

Dog bites and dog-related injuries can leave lasting physical and emotional scars. You should not have to shoulder the financial burden alone when someone else’s dog causes harm.

If you or a loved one has been injured by a dog in California, consider the following steps:

• Get appropriate medical treatment.
• Report the incident to the proper authorities, where required.
• Preserve evidence and documentation.
• Avoid signing releases or accepting quick settlements before understanding the full impact of your injuries.

To discuss your options and deadlines, you can contact our California personal injury attorneys. A lawyer can explain your rights, help you evaluate potential claims, and work to pursue the compensation you need to move forward.