Dog bites can cause serious physical injuries, emotional trauma, and financial hardship. In California, victims of dog attacks have legal recourse through civil lawsuits—but only if they act within the time allowed by law. The statute of limitations sets a strict deadline for filing a dog bite claim, and missing it can permanently bar recovery. This article explains California’s dog bite statute of limitations, exceptions for minors, and what victims need to know to preserve their rights.
What Is a Statute of Limitations?
A statute of limitations is a legal deadline for filing a California dog bite lawsuit. In personal injury cases—including dog bites—the clock typically starts ticking on the date the injury occurs. If a victim fails to file within the prescribed time, the court will likely dismiss the case, regardless of its merits.
Statutes of limitations exist to ensure fairness, prevent stale claims, and encourage timely resolution of disputes. In California, dog bite lawsuits are treated as personal injury claims and are governed by California Civil Code § 335.1.
California’s Dog Bite Statute of Limitations
Under California law, the statute of limitations for filing a dog bite lawsuit is two years from the date of the bite or injury. This applies to claims based on:
- Strict liability under California Civil Code § 3342
- Negligence by the dog owner
- Knowledge of the dog’s dangerous tendencies
If a victim does not file a lawsuit within two years of the incident, they are generally barred from recovering damages—even if the dog owner was clearly at fault.
When Does the Clock Start?
The statute of limitations begins to run on the date of the injury—in dog bite cases, this is the day the bite occurred. This is true even if the victim does not immediately know the full extent of their injuries. Courts have held that the deadline is not extended simply because the victim was unable to identify the dog or its owner right away.
Exceptions for Minors
California law provides an important exception for victims who were under the age of 18 at the time of the bite. In these cases, the statute of limitations is tolled, or delayed, until the victim turns 18. Once they reach adulthood, they have two years to file a lawsuit—meaning they must file before their 20th birthday.
This exception recognizes that minors may not have the legal capacity or resources to pursue a claim on their own. Parents or guardians may still file on behalf of the child before they turn 18.
Other Potential Exceptions
While the two-year deadline is firm, there are limited circumstances where the statute of limitations may be extended:
- Delayed discovery of injury: If the victim could not reasonably have discovered the injury until later, the clock may start from the date of discovery. This is rare in dog bite cases, which typically involve immediate physical harm.
- Mental incapacity: If the victim was mentally incapacitated at the time of the injury, the deadline may be tolled until they regain capacity.
- Defendant’s absence from the state: If the dog owner leaves California for an extended period, the statute may be paused during their absence.
These exceptions are narrowly applied and often require legal argument. Victims should consult an attorney as soon as possible to avoid missing the deadline.
What Happens If You Miss the Deadline?
If a dog bite lawsuit is filed after the statute of limitations has expired, the defendant can file a motion to dismiss. Courts almost always grant these motions, and the victim loses the right to pursue compensation. This applies even if the injuries are severe or the dog owner was clearly negligent.
Missing the deadline can also prevent victims from negotiating settlements, as insurance companies are unlikely to pay claims that are legally time-barred.
Why Timely Action Matters
Acting quickly after a dog bite is essential for several reasons:
- Preserving evidence: Witness statements, medical records, and photos are easier to collect soon after the incident.
- Identifying the dog and owner: Delays can make it harder to locate the responsible party.
- Avoiding legal pitfalls: Waiting too long may trigger defenses such as contributory negligence or assumption of risk.
Victims should report the bite to local animal control, seek medical attention, and consult a personal injury attorney as soon as possible.
Filing a Dog Bite Lawsuit in California
To file a California dog bite lawsuit, victims must:
- Identify the dog and its owner
- Document the injury and medical treatment
- File a complaint in civil court within the two-year deadline
- Serve the defendant with legal notice
- Present evidence of liability and damages
Most dog bite cases settle out of court, but trial may be necessary if the dog owner disputes liability or the extent of the injury.
California’s Strict Liability Law
California Civil Code § 3342 imposes strict liability on dog owners. This means the owner is liable for injuries caused by their dog’s bite, even if the dog has never bitten before and the owner had no reason to suspect aggression. The victim does not need to prove negligence—only that the bite occurred in a public place or while lawfully on private property.
Strict liability does not apply if the victim was trespassing or provoked the dog. It also excludes bites by police or military dogs performing official duties.
Final Thoughts
California’s two-year statute of limitations for dog bite lawsuits is a critical deadline that victims must observe. While exceptions exist for minors and rare circumstances, most claims must be filed within two years of the incident. Failing to act in time can result in permanent loss of the right to recover damages.
If you or a loved one has been bitten by a dog in California, consult a dog bite attorney promptly to protect your rights and explore your legal options.
References
- California Civil Code § 335.1. (n.d.). Statute of limitations for personal injury claims. https://leginfo.legislature.ca.gov
- California Civil Code § 3342. (n.d.). Dog bite liability statute. https://leginfo.legislature.ca.gov
- Shouse Law Group. (n.d.). Statute of limitations for dog bite lawsuits in California. https://www.shouselaw.com/ca/personal-injury/dog-bite/statute-of-limitations/
- California Dog Bite. (n.d.). What’s the statute of limitations for dog bite lawsuits in California?. https://californiadogbite.com/statute-limitations/
- Weinberg Law Offices. (2024, December 25). 4 California dog bite laws you should know in 2025. https://www.weinberglawoffices.com/california-dog-bite-laws/
