Dog Bite Laws in California

If you’ve been bitten by a dog in California, understanding dog bite laws in California is crucial to protecting your rights and pursuing fair compensation. The state of California has some of the strictest liability laws in the nation, holding dog owners responsible even if their pet has never shown signs of aggression before.

Unlike states that follow a “one-bite rule,” California operates under strict liability, meaning the owner is typically liable as long as the victim was lawfully on public or private property and didn’t provoke the animal. This law helps ensure victims get the medical and financial support they deserve after a traumatic event.

If a dog has attacked you or a loved one, Novian & Novian is here to help you through the aftermath. With over 35 years of experience, we have capable dog bite lawyers in California who can help you understand your rights and fight for the justice you deserve. Contact us to schedule a consultation.

In this post, we’ll break down what California’s dog bite laws mean, who can be held liable, and what steps to take after a dog bite injury.

What Are California Dog Bite Laws?

When it comes to dog bite laws in California, the state follows a strict liability rule under California’s dog bite law (Civil Code Section 3342). This means that a dog owner is strictly liable when their dog bites someone, regardless of the dog’s previous behavior or the owner’s knowledge of the dog’s viciousness.

In simple terms, strict liability means that if a dog bite incident occurs and the bite victim was lawfully in a public place or on private property, including the owner’s property, the person owning the dog is responsible for any damages suffered. These could include medical expenses, lost wages, and emotional trauma.

Unlike states that follow the “one bite rule,” where owners are only held liable if they knew their dog had shown aggressive behavior before, California’s strict liability law holds owners accountable even if it’s the first time the dog bites a human being. This law imposes a duty on every property owner and dog owner to take reasonable precautions to prevent harm.

However, there are limited exceptions. For example, if the dog bite attack involved a police dog or a military work dog performing official duties, or if the injured person provoked the dog or was trespassing on private property, the owner may avoid liability. Additionally, if a dog has bitten or attacked on two separate occasions or caused substantial physical injury without justification, the district attorney or city attorney can classify it as a potentially dangerous or vicious dog, requiring the owner to take reasonable steps to prevent further attacks.

These laws are designed to protect the dog bite victim. They hold negligent owners accountable when a dog attack occurs, ensuring justice and compensation for injuries caused. If you or a loved one has been hurt in a California dog bite case, it’s important to act quickly and speak to a trusted attorney who understands how dog bite cases work under California dog bite law.

What Are Your Rights as a Dog Bite Victim?

If you’ve been involved in a dog bite incident in California, it’s important to know that you have several legal rights under California’s laws regarding dog bites. As a dog bite victim, you have the right to seek immediate medical care for any injuries caused by the dog attack, regardless of whether the injury is minor or causes substantial physical injury. You also have the right to file a personal injury claim against the dog owner under California’s strict liability rule, even if the dog’s aggressive behavior or former viciousness was never known to the owner.

Victims may be entitled to compensation for medical expenses, lost wages, and pain and suffering, depending on the extent of their injuries and the circumstances of the dog bite case. In many situations, homeowners’ or renters’ insurance policies cover injuries caused by a dog bite or dog attack that happens on the owner’s property. This means that even if you’re bitten by a friend or neighbor’s dog, you can often recover damages suffered without causing them personal financial loss, since their insurance typically handles the claim.

Are There Differences Between Public and Private Property Incidents?

Yes, dog bite laws in California apply differently depending on where the attack occurred. If the dog bites someone in a public place, such as a park or sidewalk, the dog owner is strictly liable for the injuries, no matter if it’s the first bite or the dog has no record of dangerous behavior.

If the bite occurred on private property, the law still protects the injured person, as long as they were lawfully on private property (for example, a postal worker or invited guest). The owner’s knowledge of the dog’s aggressive behavior does not affect liability under California’s strict liability state rule. However, if the victim was trespassing or provoked the dog, the owner may not be held liable.

Landlords may also share responsibility if they knew a tenant’s dog posed a danger and failed to take reasonable steps to prevent a dog bite attack on their property. This ensures accountability from both pet owners and property owners when dog bite cases occur.

Common Defenses Dog Owners Use in California

Even though California’s law on dog bites is based on strict liability, meaning a dog owner is usually held liable when their dog bites someone, there are still a few defenses they may try to use to avoid responsibility. These defenses don’t automatically remove liability but can influence how a dog bite case is decided.

One of the most common defenses is provocation by the victim. If the injured person teased, hurt, or intentionally provoked the dog before the dog bite attack, the owner may argue that the dog’s aggressive behavior was a reasonable response. For example, if someone hit or startled the dog, the court may consider the dog’s bite in self-defense during the case.

Another defense is trespassing or unlawful entry. Under California’s dog bite laws, a bite victim must have been lawfully present in a public place or on private property, including the owner’s property, to hold the dog owner responsible. If the bite occurred while the person was trespassing or entering private property without permission, the owner may avoid liability.

Some dog owners also claim assumption of risk, particularly in situations involving veterinarians, animal control officers, or others who regularly handle dogs and understand the potential for dog bites. In these cases, the law recognizes that such individuals knowingly accepted certain risks tied to their profession.

Despite these possible defenses, California’s strict liability still makes it easier for dog bite victims to win compensation than in most other states. Unlike the “one bite rule” followed elsewhere, where the owner’s knowledge of the dog’s viciousness must be proven, California law doesn’t require showing that the dog had a history of dangerous behavior. This ensures that injured individuals have a fair chance to recover medical expenses, lost wages, and damages for pain and suffering after a dog bite incident.

What to Do if a Dog Bites You in California?

Being bitten by a dog can be frightening and painful, but knowing what to do immediately after the dog bite incident can make a major difference in protecting your health and your rights under dog bite laws in California. Below are the right steps to ensure you get proper medical care, preserve crucial evidence, and build a strong dog bite case for compensation.

Seek Immediate Medical Attention

Your first priority after a dog bite attack should be your health. Treat all wounds promptly, even if they appear minor, as dog bites can cause infections or substantial physical injury.

Visit a doctor or emergency room immediately and ensure to keep all medical records as evidence. These documents can support your claim for medical expenses and other damages suffered.

Document the Incident

Gather as much information as possible about the dog bite. Take clear photos of your injuries, torn clothing, and the location where the bite occurred, whether on public or private property.

If there were any witnesses, obtain their statements and contact information. These details help prove what happened and who was responsible for the dog attack.

Report the Bite

Always report the dog bite to your local animal control or police department. Provide any details you have about the dog and the dog owner, including the address and description of the animal. Reporting helps authorities track dangerous or vicious dogs and ensures that proper safety measures are taken to prevent future incidents.

Preserve Evidence

Keep everything related to the dog bite case. Save your clothing or other items from the scene.

Maintain a detailed record of medical bills, lost wages, and any other losses resulting from the dog bite injury. All this evidence supports your claim under California’s dog bite regulations and strengthens your case if you pursue compensation.

Consult a California Dog Bite Lawyer

Before speaking to insurance companies or accepting any settlements, it is important to consult an experienced California dog bite lawyer. Legal guidance is essential because California’s liability laws can help ensure you receive full compensation for your injuries, but navigating the process alone can be overwhelming. A skilled attorney understands how to gather proof, deal with insurance providers, and maximize your recovery for medical expenses, lost wages, and pain and suffering.

What Is the Process for Filing a Dog Bite Lawsuit in California?

Filing a dog bite lawsuit in California can feel overwhelming, but understanding each step makes the process easier and ensures your rights are fully protected. Under California dog bite law, the state’s liability rule makes it possible for a dog bite victim to recover compensation even if the dog owner had no prior knowledge of such viciousness or aggressive behavior. Here’s how the process typically works:

• File a Claim: Your attorney begins by drafting and filing a civil lawsuit against the dog owner. This claim outlines the facts of the dog bite incident, the injuries caused, and the damages suffered, such as medical expenses, lost wages, and emotional distress.
• Serve the Defendant: Next, the dog owner (defendant) must be officially notified of the lawsuit. This is known as “service of process.” It ensures the person owning the dog has a fair opportunity to respond to the claim.
• Discovery Phase: During discovery, both sides exchange evidence, documents, and witness statements. Attorneys may also take depositions to learn more about the dog’s aggressive behavior, any former viciousness, or whether the owner took reasonable steps to prevent the dog bite attack.
• Settlement Negotiations: In California, many dog bite cases reach a resolution prior to trial. Your attorney and the dog owner’s insurance company will attempt to negotiate a fair settlement that covers all your injuries, including medical bills, pain and suffering, and lost wages.
• Trial (if necessary): Should a fair settlement prove unattainable, your attorney will take your case to court. During the trial, both sides argue their case, and a judge or jury determines whether the dog owner is strictly liable under California’s dog bite laws.
• Receive Compensation: If your case is successful, you’ll receive compensation for your damages suffered. This may include coverage for medical expenses, lost wages, pain and suffering, and other losses caused by the dog bite attack.

How Much Can You Get for a Dog Bite in California?

The amount of compensation you can receive for a dog bite in California depends on several factors, such as the seriousness of your injuries, how the attack has affected your daily life, and the level of responsibility of the dog owner. One of the biggest factors that determines your settlement amount is the extent of your injuries. Victims with minor wounds, scratches, or bruising may receive smaller settlements, while those with severe injuries such as deep cuts, nerve damage, or infections can receive much higher compensation. The law also considers the emotional and physical impact of substantial physical injuries or permanent scarring caused by the dog attack.

Your medical expenses play a major role in the total value of your claim. You can recover all costs associated with the dog bite incident, including emergency care, hospital stays, surgery, medications, and rehabilitation. If you need ongoing treatment or reconstructive surgery in the future, those expected expenses can also be included in your settlement. This is why it’s so important to keep all medical records and receipts from the moment you seek treatment.

If your injuries caused you to miss work, you also have the right to claim lost wages. In cases where your injuries affect your ability to perform your job or reduce your future earning capacity, your California dog bite lawyer can help you recover compensation for that loss as well.

Compensation isn’t limited to financial losses. Victims of dog bites often suffer lasting emotional effects, such as anxiety, fear of dogs, or post-traumatic stress. California law allows victims to seek damages for pain and suffering, emotional distress, and the overall loss of enjoyment of life that can follow a traumatic dog bite attack.

When the dog bite results in visible disfigurement or scarring, especially on the face, arms, or hands, courts often award additional compensation to account for both the physical and emotional toll. Scars can serve as painful daily reminders of the incident, and the law recognizes the psychological impact this can have.

In most dog bite cases, compensation is paid through the homeowners’ or renters’ insurance policy of the dog owner. These policies often cover injuries caused by pets, typically ranging between $100,000 and $300,000. However, when the injuries are severe or cause long-term damage, the settlement amount can exceed that range, especially if the case proceeds to trial.

In rare cases, victims may also be awarded punitive damages. These damages are not meant to cover losses but to punish the dog owner for especially reckless or intentional behavior, such as knowingly keeping a vicious dog with a history of aggressive behavior or failing to take reasonable steps to prevent the dog attack.

Overall, dog bite settlements in California can vary widely from a few thousand dollars for minor injuries to several hundred thousand or even millions for severe cases involving permanent disabilities or emotional trauma. The specific circumstances of each dog bite case determine the outcome, but with California’s strict liability law, victims are in a strong position to receive fair compensation for the injuries caused.

If you’re curious to calculate your own settlement, try our calculator:

Looking for a Lawyer After Being Bitten by a Dog?

If you or a loved one has suffered from a dog bite in California, it’s important to understand your rights and what steps you can take to protect yourself. As we’ve discussed, dog bite laws in California follow a strict liability rule, meaning that a dog owner is held liable for injuries their dog causes, even if the animal has never shown aggressive behavior before. Whether the dog bite incident occurred on public property or private property, victims generally have the right to seek compensation for medical expenses, lost wages, and pain and suffering.

Knowing your rights helps ensure you aren’t left dealing with the financial and emotional burden of a dog bite attack on your own. You also have responsibilities such as reporting the dog bite to local authorities, preserving evidence, and seeking prompt medical care. These steps strengthen your dog bite case and support your claim under California dog bite law.

The legal process can feel overwhelming, but you don’t have to navigate it alone. Our experienced attorneys at Novian & Novian understand how to handle dog bite cases under California’s strict liability statute and are committed to helping victims recover full and fair compensation. We have some of the best personal injury attorneys in California with the expertise, compassion, and dedication to guide you every step of the way. Reach out to us today!

FAQs

If you’ve recently experienced a dog bite incident, you probably have several questions about your rights, how dog bite laws in California work, and what steps you should take next. Below are answers to some of the most frequently asked questions about dog bite laws in California:

Does California Have a One-Bite Rule for Dogs?

No, California’s law on dog bites follows a strict liability rule. This means a dog owner is held liable for injuries caused by their dog, even if the animal has never bitten or shown aggressive behavior before. In other words, victims do not have to prove the owner’s knowledge of such viciousness to recover damages.

What Are the Deadlines for Filing a Dog Bite Lawsuit?

In California, the statute of limitations for filing a dog bite lawsuit is generally two years from the date of the dog bite attack. This means the dog bite victim has two years to file a personal injury claim for medical expenses, lost wages, and pain and suffering. Missing this deadline can result in losing your right to compensation, so it’s best to contact a California dog bite lawyer as soon as possible.

How Are Dogs Classified as Dangerous or Vicious in California?

Under state law, a dog can be classified as dangerous or vicious if it has bitten or attacked a person or another animal on two separate occasions, or if it caused substantial physical injury without provocation. Once labeled, the dog owner may be required to take reasonable steps, such as securing fencing or using a leash, to prevent future attacks. In severe cases, the district attorney or city attorney can petition for stricter measures if the dog poses an ongoing danger.

What Is the Liability of Police or Military Dogs?

California law makes exceptions for police dogs and military work dogs performing official duties. If the bite occurred while the dog was assisting law enforcement or protecting an officer, the government agency and handler are typically not liable. However, you may still have grounds for a dog bite claim if the dog was off duty or not properly controlled.

How Can I Report a Dog Bite Incident in California?

You should report the dog bite to your local animal control or police department as soon as possible. Provide details about the dog, the dog owner, and the location where the bite occurred. Reporting the incident helps track potentially dangerous or vicious dogs and ensures public safety.

Do I Need a Lawyer for a Dog Bite Case in California?

While not legally required, having an experienced dog bite lawyer can make a major difference in the outcome of your case. A skilled attorney understands California’s strict liability law and can help gather evidence, negotiate with insurance companies, and secure fair compensation for your injuries. Legal guidance also helps prevent common mistakes that could weaken your dog bite case.

Can a Dog Be Put Down for Biting Someone in California?

In certain cases, yes. If a dog is found to be vicious or has attacked on multiple occasions, causing severe injuries, a court may order the dog to be euthanized for public safety. However, such an operation is typically a last resort and only happens after careful review by the court and animal control authorities.