Practice Area
Los Angeles
Dog Bite Lawyer
California has one of the most protective dog bite laws in the country: the owner is responsible for a bite whether or not the dog had ever shown aggression before. The harder questions are usually who is going to pay, how to handle a claim against a neighbor or a friend, and how to value a scar on a child. Here is how these cases work.
The short answer
Under California Civil Code section 3342, a dog owner is strictly liable for injuries from a bite that happens in a public place or while the victim is lawfully on private property, regardless of whether the dog had ever bitten before. You do not have to prove the owner was careless. The claim is usually paid by the owner's homeowner's or renter's insurance, not the owner personally. Bites should be reported to animal control, and injury claims must be brought within two years.
Strict liability for bites
Many states follow a "one bite" rule, where an owner is responsible only if the dog had shown dangerous tendencies before. California does not. Under Civil Code section 3342, the owner of a dog is liable for damages suffered by anyone bitten while in a public place or lawfully in a private place, including the owner's own property, regardless of the dog's prior behavior or the owner's knowledge of it.
In practice that means the fight in a dog bite case is rarely about whether the owner is responsible. It is about the exceptions, how badly you were hurt, and where the money comes from.
The exceptions
- Trespassing. Strict liability applies only if you were in a public place or lawfully on private property. A mail carrier, a delivery driver, an invited guest, and a child retrieving a ball from a yard are typically lawfully present. Someone who climbed a fence is not.
- Provocation. The statute does not mention provocation, but the insurer will argue it under comparative fault: that you teased, hit, cornered, or startled the dog. California uses pure comparative fault, so provocation reduces a recovery rather than barring it. Small children are generally held to a much lower standard.
- Police and military dogs working in the line of duty are excluded in most circumstances.
- Veterinarians, groomers, and kennel workers who accept the risk of handling dogs as part of their work may be limited to other remedies.
Injuries that are not bites
Strict liability covers bites. If a dog knocked you down, caused a fall, chased you into traffic, or injured you without biting, the claim proceeds under ordinary negligence: you must show the owner failed to use reasonable care, for example by letting a large, excitable dog off leash in violation of Los Angeles leash law, or by knowing the dog jumped on people and not controlling it. Those cases are winnable; they just require more evidence about the owner's conduct.
Who actually pays
The most common hesitation I hear is "the dog belongs to my neighbor" or "it was a friend's dog and I don't want to sue them." Understand what a dog bite claim usually is: a claim against an insurance policy.
- Homeowner's insurance. Most homeowner's policies cover dog bite liability, and they are the source of payment in the large majority of cases. The owner's premium is not your problem to solve.
- Renter's insurance. Also typically covers dog bite liability.
- Breed exclusions and dog exclusions. Some policies exclude specific breeds or dogs with a bite history. When the policy does not respond, the claim is against the owner personally, which is a different conversation.
- Landlords. A landlord who knew a tenant's dog was dangerous and had the ability to have it removed can be responsible.
- Dog walkers, sitters, and keepers. Someone who had control of the dog at the time may share responsibility under negligence principles, and may have their own coverage.
What to do after a bite
- Get medical care the same day. Dog bites are puncture wounds and infect easily. Treatment also documents the injury while it looks its worst, which matters for the claim.
- Identify the dog and the owner. Name, address, phone, and whether the dog is vaccinated. If the owner will not tell you, animal control can.
- Report it to animal control. In the City of Los Angeles that is LA Animal Services; in most of the county it is the Department of Animal Care and Control. Reporting creates an official record, triggers the rabies quarantine, and can reveal prior bite reports for the same dog.
- Photograph the injuries on the day of the bite and as they heal. Scarring claims are proved with photographs over time.
- Get witness information and, if the bite happened at a business or in a building with cameras, ask that video be preserved.
- Do not give the owner's insurer a recorded statement, and do not accept an early offer. Scars and nerve damage are not fully known for months.
What a claim may include
- Medical
- Emergency care, wound closure, antibiotics, rabies treatment where indicated, and reconstructive or scar-revision surgery, which is often recommended only after the scar matures.
- Scarring and disfigurement
- Recognized separately in California and frequently the largest component, particularly for facial injuries and for children.
- Pain and suffering
- Physical pain, and for many people, especially children, lasting fear of dogs.
- Lost income
- Time off work for treatment and recovery.
- Nerve and tendon damage
- Hand and forearm bites in particular can cause permanent loss of function.
If the victim is a child, any settlement must be approved by the court through a minor's compromise, and the money is typically placed in a blocked account or structured until the child turns eighteen. I handle that process.
Deadlines
- Injury claims
- Two years from the date of the bite.
- Minors
- The statute is generally paused until the child turns eighteen, but evidence does not wait. Report and document now.
- Government-owned dog or public property
- Six months to file a written government claim in the unusual case where a public entity is responsible.
How I handle a dog bite case
I confirm the animal control report is filed, identify the owner's policy, send a preservation demand for any video, and then let the injury declare itself. Scars are not valued at two weeks; they are valued when a plastic surgeon can say what revision would involve. Claims against a friend's or neighbor's policy are handled with that relationship in mind: the demand goes to the insurer, not to their kitchen table.
- You deal with me directly. I keep the caseload small enough to personally handle every file.
- I build the file for trial even though most cases settle. When a case needs a courtroom, it gets one.
- No attorney fee unless there is a recovery. The fee and case costs are written down before any work begins.
Dog bite questions
The dog had never bitten anyone before. Does the owner still have to pay?
Yes. California is a strict liability state for dog bites. Under Civil Code section 3342, the owner is responsible for a bite in a public place or while you were lawfully on private property, regardless of the dog's history or what the owner knew.
It was my neighbor's dog. I don't want to sue my neighbor.
In most cases you are not suing your neighbor in any practical sense. The claim is made against their homeowner's or renter's insurance, which exists for exactly this purpose. The demand goes to the insurer, and the owner's involvement is usually limited to confirming what happened.
My child was bitten. Is anything different?
Children are held to a much lower standard on provocation, scarring on a child is valued with the child's whole life in view, and any settlement must be approved by the court through a minor's compromise, with the funds typically protected until the child is eighteen. The deadline is generally paused until adulthood, but the evidence should be gathered now.
The dog knocked me down but didn't bite me. Do I have a claim?
Possibly. Strict liability applies only to bites. Other injuries caused by a dog are handled under negligence, which means showing the owner failed to use reasonable care, such as violating leash laws or failing to control a dog known to jump on people.
Should I report the bite to animal control?
Yes. It creates an official record, triggers the rabies quarantine, and can reveal whether the same dog has bitten before. In the City of Los Angeles, report to LA Animal Services; in most of the rest of the county, to the Department of Animal Care and Control.
How much is a dog bite case worth?
It depends mostly on the location and permanence of the scarring, whether there is nerve or tendon damage, whether revision surgery is recommended, the age of the victim, and the insurance available. Facial scars and injuries to children are valued highest. No honest number is possible until the wound has matured.
No cost, no obligation
Find out where you stand.
Tell me what happened and I will give you an honest read on the claim, including whether you need a lawyer at all.