Dog Bites

Here are the key points regarding Dog Bite liability in the State of California:

• Strict Liability Rule: Under California Civil Code § 3342, a dog owner is liable for damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place.

  • This liability applies regardless of the dog’s previous viciousness or the owner’s knowledge of it. Unlike the “one-bite rule” in some other states, a dog owner is responsible even for the dog’s first bite. 

• Lawful Presence: The victim must have been legally present on the private property (e.g., an invited guest, a delivery worker, or a postal carrier). 

• Exceptions to Strict Liability: The rule may not apply or liability may be reduced if:

  • The victim was trespassing at the time of the bite.  

  • The dog was a police or military dog performing its official duties.  

  • The victim provoked the dog through acts like teasing or assaulting it.  

  • The victim was partially at fault (comparative negligence).  

• Negligence and Non-Bite Injuries: If a dog’s action, such as jumping or scratching, causes injury (but not a bite), a victim may still pursue a claim based on negligence, proving the owner failed to use reasonable care to control the animal. 

• Statute of Limitations: Generally, the injured person has two years from the date of the incident to file a personal injury lawsuit. 

The law also has provisions for dogs with a history of biting, requiring the owner to take reasonable steps to prevent future danger. If a dog has bitten a person on at least two separate occasions, a court may order measures up to and including the dog’s removal or destruction. 

Our firm handles cases involving a variety of injuries, including:

• Puncture Wounds and Lacerations: Often requiring stitches and sometimes leading to infection.
• Facial Injuries and Scarring: Bites to the face can be especially severe and may require reconstructive surgery.
• Nerve Damage: Damage to underlying tissues and nerves can lead to long-term issues.
• Emotional Trauma: Including post-traumatic stress disorder (PTSD), anxiety, and fear of dogs.

We fight to recover full compensation for all damages related to your dog bite injury, which may include:

• Medical Expenses: Past, present, and future costs, including emergency room visits, surgery, therapy, and medications.
• Lost Wages: Compensation for time missed from work due to the injury or recovery.
• Pain and Suffering: For the physical discomfort and emotional distress caused by the incident.
• Property Damage: If any personal property was damaged during the attack.

1. Seek Medical Attention: Your health is the top priority. Document your injuries and treatment.
2. Identify The Dog And Owner:  Get the owner’s name, address and phone number, if possible.
3. Report The Incident:. Contact Animal Control and/or the Local Police to create an official report.
4. Preserve Evidence: Take photos of your injuries, the location of the incident and any damaged clothing.
5. Contact A Lawyer: Do not speak to the dog owner’s insurance company BEFORE consulting with legal counsel.