Serving clients throughout the state of California
Experienced California Dog Bite Attorneys Fighting for Your Compensation!
A dog attack can leave you shaken, in pain, and unsure what to do next, especially when you’re facing medical treatment, scarring, infection risk, or trauma that can follow you long after the bite. California does not follow the one-bite rule. Under California Civil Code Section 3342, dog owners are held to strict liability when a dog bites you.
BD&J has represented Californians for over 20 years and recovered more than $3 billion* in compensation for clients. If you or a loved one were bitten, our team can help you understand what your claim may be worth, identify who is responsible, and pursue the compensation you need to move forward in the recovery process.
If you would like to learn how our California dog bite lawyers from BD&J, PC can help you better understand the compensation you or your loved one deserves, call our firm today at 1-855-906-3699. At BD&J, PC, we are in pursuit of justice for those whose safety has been jeopardized and can help you determine who is responsible for your senseless injuries.
Key Takeaways
- Dog bite incidents occur when an off-leash dog attacks another person or pet, leading to serious injuries
- 4.5 million Americans are bitten by dogs every year, and California is one of the top states reporting dog bite incidents (AVMA)
- Any dog breed can bite, even unprovoked
- After a dog bite attack, a California dog bite attorney can help you recover compensation for damages through a legal claim
Who Is Liable for a Dog Bite Injury in California?
Establishing liability is key to any personal injury claim, and this includes dog bite attacks. While the dog owner is the primary party responsible for canine aggression, there are certain circumstances in which other people may be found responsible for the dog harming another person.
Hold responsible parties accountable in a legal claim. Call BD&J dog bite attorneys today to get started.
Careless or Negligent Owners
In California, the law states that pet owners are responsible for their dog’s actions, which means you could file for a dog bite lawsuit holding a dog owner responsible in California if you are bitten.
However, there are some specific circumstances that could change who is responsible when a dog gets loose and attacks someone. This includes the following additional parties.
Someone Who Has Assumed Care of the Dog and is Keeping It in Their Custody
Someone harboring or taking care of a stray dog, a dog sitter, and even a dog walker can be held responsible when a dog that is in their care bites another person. Therefore, regardless of what past incidents may have led the dog to bite and whether or not you knew of cases where the dog had previously attacked someone while not under your care, the fact that it attacked while you’re in charge means you may have to compensate any injured parties.
Owner of the Property
As with dog keepers, those with a canine on the property they own assume some responsibility for that dog’s behavior. The mere act of a dog on the premises biting someone does not open the property owner to liability. However, if the property owner has not taken sufficient measures to keep the people in and around the property reasonably safe from the dog, it is likely that some liability may fall on the property owner’s shoulders.
In certain cases, landlord liability may apply when a landlord knows a dog is dangerous but fails to fix broken gates or fencing that allow the dog to escape or reach you or fails to take reasonable steps to remove the animal after notice of prior aggression or threats.
Over the past 10 years, there’s been a significant increase in dog bites because of neglectful owners. Careless behavior can include:
- Walking unpredictable dogs without a leash
- Leaving aggressive dogs in a yard with low fences
- Lack of warning signs on yard fences or not informing the public of a reactive dog
- No breed awareness
- Neglecting the animal, abusing it, or tying it up
- Taking reactive dogs to high-energy or stimulating places like dog parks, restaurants, or large events
- Lack of basic training
Parents or Legal Guardians of an Underage Dog Owner
Children, including anyone under the age of 18, are more or less immune from liability when it comes to a dog attack. Even if they are technically the primary caregiver, a minor generally cannot be sued directly for damages, so responsibility typically shifts to the parent or legal guardian. In a case like this, the parents of the minor would be held accountable for the actions of their child’s dog.
What Factors Affect a California Dog Bite Claim?
Here are some additional factors that can play a role in a dog bite case.
- Whether the dog was off a leash. While California doesn’t have an off-leash law, all counties within the state do, and it’s considered unlawful to have an unrestrained pet roaming the streets and neighborhoods.
- The severity of injuries. Dog bite injuries aren’t just a small puncture wound or cut, and many can lead to further complications.
- Any further damages that arose from the dog bite incident. Losing a pet to another aggressive dog, disfigurement, and any other separate damages can affect a claim and compensation.
- Attorney representation. Working with a dog bite lawyer connects you with a legal representative with previous case experience and specialized resources to represent you through every step of the claim process and in the case of having to go to trial.
What Dog Breeds Are More Prone to Biting?
It’s important to remember that any dog breed may become aggressive, even the friendliest or smallest kind of dog. Per a 2026 study on pediatric dog bites, some of the breeds most frequently seen involved in these attacks included:
- Pit bulls
- German Shepherds
- Huskies
- Rottweilers
- Australian Shepherds
- Dobermans
- French bulldogs
If you were involved in a dog bite incident with any of the mentioned dog breeds, you deserve to make your story heard. BD&J is here to help.
How the Severity of Your Injuries Affects Your Compensation
A dog bite injury lawyer can help you get the right compensation for your injuries. Dog bites can range from mild lacerations to life-changing injuries, some of which could prevent you from ever working again. An attorney can demand compensation based on the severity of your injuries, including pain and suffering, some of which include:
- Rabies
- Ongoing infections from puncture wounds
- Permanent muscle and nerve damage
- Aggravation of pre-existing conditions, such as a weak heart
- Permanent scarring and disfigurement
- Broken bones
- Lifelong disability
What is the Dunbar Bite Scale?
The Dunbar Bite Scale is used to categorize dog bites by severity. There are 6 levels:
- Dog is agitated or aggressive, but there is no skin contact.
- Shallow contact of teeth to skin, but there are no punctures.
- Bite leaves shallow punctures.
- The bite leaves cuts and deep punctures.
- There are multiple bites with severe injuries and risks.
- The bite attack leads to death.
California Children Make Up a Majority of Dog Bite Victims
While dog bite attacks affect people of all ages, data shows that children are some of the biggest victims susceptible to these aggressive attacks.
- One recent CHOC study indicated that children between the ages of 1 to 5 are most at risk to dog bite incidents.
- Children’s heads, faces, and necks are most vulnerable for dog bite injuries, and there is a significant disparity in household risks, with low-income households being twice more likely to suffer a dog bite incident to a child in comparison to high-income households. (CHOC)
- In California, more than 90% of dog bite incidents involving young and elder populations occur in residences (AVMA)
- California dog bite emergency room visits have jumped by 30% in just 5 years (DogsBite)
Can the Owner Claim You Provoked the Dog?
In certain cases, the owners aren’t careless or aware of any vicious streak in their dog. The dog bite may even have been a one-off incident that proved to be unusual for a frequently calm dog. Despite the reasoning, California has a rigid dog bite statute that holds owners responsible, even without proof of negligent activity.
The opposing attorney could argue provocation in certain circumstances. Provocation can include instances where the victim of the dog bite provoked the animal to attack, such as throwing things at the dog or teasing it. This is how the majority of children get bitten.
Pet owners might not be liable if a visitor has been warned not to touch the dog but still does so. If it’s a case of trespassing, the defense will state that the dog was protecting their property.
Keep yourself and your family safe by recognizing the body language signs of a frightened, threatened, or aggressive dog and steering clear.
How Can I Tell When a Dog is Frightened or Aggressive?
Some physical signs can let you know whether a dog is feeling provoked or stressed, possibly helping to prevent a violent incident from happening. Warning flags that a dog may be aggressive include:
- Growling
- Bared teeth
- Becoming still or rigid
- Ears pointed upward
- Vertical tail (Tucked tail when frightened)
- Raised hackles, which is the hair that runs along the spine of a dog
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What if the Other Dog Injured or Killed My Own Pet?
If you’re walking your leashed dog when it is suddenly attacked by an aggressive and unleashed dog, the aftermath can be devastating. Losing a beloved furry family member in an unforeseen dog attack only adds to the pain and consequences of this incident.
If your dog or cat was injured or even killed in a dog attack, you do have the legal rights to seek compensation for this, because your pet is considered your personal property. While we see our pets as more than just our property, it is through these legal definitions that justice can be pursued.
What to Do After a Dog Attack
After a dog attack, emotions are running high and you may feel overwhelmed, However, it’s crucial you follow these next steps:
- Get medical care right away. If you need emergency medical attention, call 911 or go to the ER. Even for seemingly non-serious cuts and abrasions, you should head to urgent care for medical attention, and a rabies shot if you have not had one in a while. Seeing the doctor the same day of an attack also clearly establishes when your injuries happened and why, which further benefits your claim.
- Report the bite. As soon as you can, report a dog bite to the proper local authorities (often animal control or a local law enforcement agency) so there’s an official record. After you make a report, the agency may contact the owner, verify vaccination information, and evaluate whether any quarantine is needed. Reporting the attack does not automatically mean the dog will be impounded.
- Document evidence. Start collecting evidence of what happened, including the dog owner’s name and contact information if they are there. Be sure to verify the owner’s phone number is authentic while they’re still present. Taking photos and videos of the dog breed and your injuries is also crucial. The dog’s breed and personality could influence the outcome of your future claim. As you would after a car accident, you will also want to talk with passersby and other parties who stopped to help you. They might have valuable information regarding what led to the dog attack that you do not know.
- Contact BD&J. Once you have medical care and the basics documented, reach out so we can help you protect your claim and deal with the insurance process. You don’t have to go through this legal ordeal alone, and we’re here to fight on your behalf.
If you’re dealing with a serious bite, scarring, infection, or trauma, don’t wait. Speak with our team of experts by calling 855-906-3699 so you can understand your next steps.
What Compensation Can You Recover After a California Dog Bite?
If you were bitten, your claim may include both economic and non-economic damages, depending on how the attack has affected your health, work, and daily life. Compensation may include:
- Medical expenses (ER care, surgery, follow-up visits, medication, physical therapy)
- Lost wages if you missed work while recovering
- Loss of future earning capacity if your injuries affect long-term work ability
- Pain and suffering tied to physical pain, limitations, and long-term complications
- Emotional distress and psychological injuries such as anxiety, nightmares, or PTSD
- Wrongful death damages if a loved one died from complications of the attack
- Costs tied to a pet injured or killed in the attack (such as veterinary bills)
Because many claims are paid through homeowners’ insurance (or other liability coverage), it’s important to act quickly to document your losses and preserve evidence.
What if I Had Some Fault in a Dog Attack?
Just because you had some fault, doesn’t mean you can’t recover compensation. California recognizes pure comparative negligence, which means that people who had partial fault in a dog attack can still recover reduced compensation. Does Homeowners’ Insurance Pay for Dog Bite Claims?
In many California dog bite cases, recovery comes from the dog owner’s homeowners’ insurance or renters’ insurance liability coverage rather than the owner personally. That coverage may apply even when the bite happens away from the home, depending on the policy.
If there is no applicable insurance or if coverage is limited, collection can be more difficult, and it may affect how much compensation you can realistically recover. This is one reason it’s important to identify all available coverage and all potentially responsible parties early. If you’re unsure whether insurance applies, BD&J can help you identify potential coverage and next steps.
California’s Dog Bite Statute
In California, the pet owner is responsible for any damage a pet does through the act of biting in a public place or while you are lawfully in a private place. This strict liability rule is set out in California Civil Code Section 3342. Damages suffered as a result of the bite will likely be the responsibility of the dog’s owner, and the former behavior of the dog will likely be deemed irrelevant.
The owner may escape liability if he or she can prove the dog was provoked in some way by the recipient of the bite. However, proving provocation is an extensive and sometimes fruitless process.
Don’t fall victim to a negligent dog owner refusing responsibility after an attack. BD&J dog bite injury attorneys in California can help you file a legal claim!
California Dog Bite Statute of Limitations: How Long Do You Have to File a Lawsuit?
In most cases, you have 2 years from the date of the dog bite to file a lawsuit in California under California Code of Civil Procedure section 335.1. If you’re bitten by a dog, it’s advisable to report it to the authorities so there’s a paper trail. You should file your claim with a California dog bite attorney while the details are still accurate and witness accounts are reliable. Even if you suffer after-effects years later, you cannot file a claim if it’s out of that 2-year deadline.
If a city, county, or other government entity may be involved (for example, a bite on government property with a dangerous condition), you may also need to meet a separate government claim deadline that can be as short as 6 months.
How to Get Started on Your Case with BD&J Dog Bite Lawyers
Are you ready to get started on a dog bite claim for compensation? If so, the following steps are essential:
- Document the attack and your injuries. – Save photos, videos, contact information, and a written timeline of what happened.
- Preserve records and bills. – Keep medical records, receipts, and any wage-loss documentation.
- Schedule a free consultation. – Share what you know so we can evaluate liability, insurance coverage, and next steps.
Stay in touch with BD&J as your treatment progresses. Ongoing updates help ensure your claim reflects the full impact of your injuries.
After you hire BD&J, we can work to preserve evidence, obtain animal control or police reports, contact witnesses, and identify available insurance coverage so your claim is positioned for the strongest recovery possible.
Frequently Asked Questions
How Long Do I Have to File a Dog Bite Lawsuit in California?
In most cases, you have two years from the date of the bite to file under California Code of Civil Procedure section 335.1. If a government entity is involved, you may have a much shorter deadline, often as little as six months, to file a government claim.
Can I File a Separate Claim Later if I Need to Cover More Injury Expenses?
No. When a claim reaches a settlement, you agree to not pursue any additional claims related to the same incident.
This is why it’s essential to have your case reviewed by an attorney. When you work with an attorney, they will assess your case, keep track of every stage of your injury (including Maximum Medical Improvement), and be able to provide you with a fair settlement amount that covers current and future costs.
Does the Dog Owner’s Insurance Pay for My Injuries?
Often, yes. Many claims are paid through the owner’s homeowners’ insurance or renters’ insurance liability coverage rather than out of the owner’s personal funds.
Can I Still Recover Compensation if I Was Bitten on Private Property?
Yes. California Civil Code Section 3342 applies when you are bitten in a public place or while you are lawfully on private property.
What if My Child Was Bitten by a Neighbor’s Dog?
As the parent of an underage child who can’t file a legal claim due to age, you have the legal right to file one on their behalf. Because children are especially prone to suffer serious consequences in dog bite incidents, a parent or court-appointed guardian ad litem can file a claim for restitution in their stead.
What if the Dog Has Never Bitten Anyone Before?
You can still have a claim. California does not follow the one-bite rule, and strict liability can apply even if the dog has never bitten anyone before.
Can I Claim Compensation for Emotional Distress After a Dog Attack?
Yes. Depending on your situation, you may be able to recover damages for emotional distress and related conditions such as PTSD. If you report a dog bite and get prompt medical care, that documentation can also help support the full impact of what you’re experiencing.
How Can I Prove Emotional or Mental Trauma?
Your testimony, whether spoken or in writing, as well as the testimony of your friends, family, and a therapist you may have spoken to after the incident is crucial. An expert witness like a psychologist or other medical expert can also help provide concrete evidence as to your mental state during and after a dog bite attack.
Do I Accept the First Settlement Offer from an Insurance Company?
No, it’s typically recommended you don’t accept a single settlement offer from an insurance company without consulting an attorney first. This is because insurance companies will heavily undervalue a claim, especially if your injury hasn’t reached the Maximum Medical Improvement stage.
When Should I Call BD&J Attorneys in California?
As soon as you’re medically cleared from any serious injuries and are ready to get started on your claim. The BD&J team is available to answer your call 24/7, so call or complete our online form now.
Do I Have to Pay Upfront to Start Working with BD&J?
Not at all! BD&J works on a contingency fee basis, which means all case costs are advanced to you to get your claim started. Final attorney fees are recovered after a case has settled, which means no upfront costs* for you.
BD&J Dog Bite Injury Lawyers Are Here to Protect Victims Throughout California.
An unimaginable dog bite attack could happen in seconds, leaving you or a loved one dealing with the consequences. If you suffered a severe dog bite, permanent scarring, infection, nerve damage, or lasting trauma, take the next step now. Gather your records, protect your timeline, and contact BD&J for a free, confidential case evaluation.
