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. Under California Civil Code Section 3342, dog owners are held to strict liability when a dog bites you, and California does not follow the one-bite rule.
BD&J has represented Californians for over 20 years and recovered more than $3 billion*. If you 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.
If you would like to learn how a California dog bite attorney from BD&J, PC can help you better understand the compensation you or your loved one deserves, call our firm today at (855) 906-3699. At BD&J, PC, we are in pursuit of justice for those whose safety has been jeopardized. As seasoned dog bite lawyers located in Los Angeles, we can help you identify lapses in ownership and determine liability for your injury.
Who Is Liable for a Dog Bite Injury in California?
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.
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 in California if you are bitten.
This includes the following additional parties:
- Someone who has assumed care of the dog and is keeping it in his or her custody: They can be liable for any injuries that occur, as the owner would be. Keeping or harboring a stray dog, or even dog sitting for a friend, means you are responsible for its actions while the pet is in your care. Therefore, regardless of what past incidents may have led the dog to bite, the fact that it attacked while you’re in charge means you may have to compensate any injured parties.
- Owner of the property: Much 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, 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, and large events
- Lack of basic training
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.
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:
- Ongoing infections from puncture wounds
- Rabies
- Permanent muscle and nerve damage
- Aggravation of pre-existing conditions, such as a weak heart
- Permanent scarring and disfigurement
- Broken bones
- Lifelong disability
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. Whatever the reasoning, California has a rigid liability 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.
What to Do After a Dog Attack
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. A doctor can explain the extent of your injuries and plan how to treat them. They might order a rabies shot if you have not had one in a while. Seeing the doctor the same day 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. You will want to know the dog owner’s name and contact information if they are there. Exchanging phone numbers quickly is an easy way to get in contact with them later. Be sure to verify the number is authentic while the dog owner is still present, though. You will also want to take a photograph or video of the dog using your smartphone if possible. 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 have stopped to help you. They might have valuable information regarding what led up 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. https://www.bdj.com/contact/
If you’re dealing with a serious bite, scarring, infection, or trauma, don’t wait. Contact BD&J 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 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.
To discuss what compensation may apply in your case, contact BD&J.
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, contact BD&J so we 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 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.
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 six months.
How to Get Started with BD&J Dog Bite Lawyers
- 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 consultation. Share what you know so we can evaluate liability, insurance coverage, and next steps. https://www.bdj.com/contact/
- 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 may be involved, you may have a much shorter deadline, often as little as six months, to file a government claim.
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 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.
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.
