Dog attacks can be devastating—especially when they result in multiple deep puncture wounds, tearing, and permanent damage. In California, victims of severe dog bites are protected by strict liability laws that allow them to pursue compensation regardless of the dog’s history. When a bite is classified as Level 5, it typically involves multiple bites with at least two deep puncture wounds, often accompanied by ripping, tearing, or crushing injuries. These cases frequently require surgery, long-term rehabilitation, and psychological care. This article explores what Level 5 dog bite victims can expect in terms of settlement amounts, legal rights, and the factors that influence compensation.
Understanding the Dunbar Bite Scale
The Dunbar Bite Scale is a widely accepted system for classifying dog bite severity:
- Level 1: No skin contact
- Level 2: Skin contact without puncture
- Level 3: Shallow punctures
- Level 4: Deep punctures and bruising
- Level 5: Multiple deep bites with serious injury
- Level 6: Fatal attack
Level 5 bites are considered life-altering injuries and often result in permanent scarring, nerve damage, disfigurement, and emotional trauma.
California’s Strict Liability Law
Under California Civil Code § 3342, dog owners are strictly liable for bites that occur:
- In public places
- On private property where the victim is lawfully present
Victims do not need to prove negligence or prior knowledge of the dog’s aggression. The law applies even if the dog has never bitten anyone before.
Exceptions include:
- Trespassing
- Provoking the dog
- Working with dogs professionally (e.g., veterinarians)
Typical Settlement Range for Level 5 Bites
Level 5 dog bite settlements in California generally range from $50,000 to $150,000+, depending on:
- Medical expenses
- Lost income
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Insurance coverage
According to LawLinq, Level 5 bites are among the most serious non-fatal dog attacks and often result in six-figure settlements due to the extent of physical and psychological damage.
Real-Life Examples
Pit Bull Attack on Jogger – $125,000 Settlement
- Incident: A jogger was attacked by two pit bulls that escaped from a yard
- Injuries: Multiple deep puncture wounds, torn calf muscle, and permanent scarring
- Why This Amount: Covered emergency surgery, physical therapy, lost wages, and emotional trauma
Child Mauled at Apartment Complex – $150,000 Settlement
- Incident: A child was bitten repeatedly by an unrestrained dog in a shared courtyard
- Injuries: Facial lacerations, nerve damage, and PTSD
- Why This Amount: Included medical care, cosmetic surgery, psychological counseling, and parental time off work
Factors That Influence Settlement Amounts
1. Medical Costs
Level 5 bites often require:
- Emergency surgery
- Hospitalization
- Antibiotics and pain management
- Physical therapy
- Scar revision or reconstructive procedures
Future medical expenses may also be included in the settlement.
2. Lost Income
Victims may miss work due to:
- Hospital stays
- Recovery time
- Follow-up appointments
- Psychological trauma
Documentation of wages and employment history strengthens these claims.
3. Pain and Suffering
Non-economic damages reflect:
- Physical pain
- Anxiety or fear of dogs
- Sleep disturbances
- Impact on daily activities
Children and elderly victims often receive higher compensation due to vulnerability and long-term effects.
4. Emotional Distress
Level 5 bites frequently cause:
- PTSD symptoms
- Social withdrawal
- Avoidance of outdoor activities
- Depression or anxiety
Psychological evaluations and therapy records are critical for substantiating these claims.
5. Permanent Disability or Disfigurement
Victims may suffer:
- Nerve damage
- Loss of mobility
- Facial scarring
- Amputations or loss of function
These injuries significantly increase settlement value.
6. Insurance Coverage
Most settlements are paid through:
- Homeowners insurance
- Renters insurance
- Umbrella policies
Policy limits may cap the payout, even if damages exceed coverage.
Comparative Fault in California
California follows a pure comparative negligence model. If the victim shares fault (e.g., provoking the dog), their compensation is reduced proportionally.
Example:
- Total damages: $150,000
- Victim found 20% at fault
- Final payout: $120,000
Statute of Limitations
Under California Code of Civil Procedure § 335.1, victims have:
- Two years from the date of the bite to file a personal injury lawsuit
- Six months to file a claim against a government entity (Gov. Code § 911.2)
Missing these deadlines may bar recovery entirely.
How to Strengthen Your Claim
To maximize your settlement:
- Seek medical attention immediately
- Document the incident with photos and witness statements
- Report the bite to animal control or local authorities
- Keep records of medical bills, missed work, and communications
- Consult a California dog bite attorney
Legal representation helps negotiate with insurers and build a compelling case.
Final Thoughts
Level 5 dog bites are among the most serious injuries short of fatal attacks. California’s strict liability laws make it easier for victims to recover compensation, and settlements in the $50,000 to $150,000+ range are common. By documenting injuries, understanding your rights, and working with an experienced attorney, you can pursue fair compensation and hold negligent dog owners accountable.
References
- California Civil Code § 3342. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3342
- California Code of Civil Procedure § 335.1. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=335.1
- California Government Code § 911.2. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=911.2
- California Dog Bite Settlements Ranked by Level – LawLinq
- Average Dog Bite Settlement Amounts in California – Beliz Law
- Dog Bite Settlements in California – Shouse Law Group
- Typical Dog Bite Settlement Amounts – Pasternack Injury Law
