Dog bites can cause serious physical injuries, emotional trauma, and financial hardship. California law provides strong protections for victims, including the ability to file a personal injury lawsuit against the dog’s owner—even if the dog has never bitten anyone before. This guide outlines the legal process for filing a dog bite lawsuit in California, including eligibility, liability rules, and steps to take after an attack.
Step 1: Seek Immediate Medical Attention
Your health comes first. After a dog bite:
- Go to the emergency room or urgent care
- Document all injuries with photographs
- Request copies of medical records and bills
- Follow up with specialists if needed (e.g., plastic surgery, infectious disease)
Prompt treatment also helps establish a clear link between the bite and your injuries.
Step 2: Report the Incident
California law encourages victims to report dog bites to local authorities:
- Contact Animal Control or your local health department
- File a formal incident report
- Request documentation of any prior complaints against the dog
- Ask whether the dog will be quarantined or evaluated for rabies
This report becomes part of the evidence in your legal claim.
Step 3: Identify the Dog Owner and Gather Evidence
To file a lawsuit, you must identify the responsible party:
- Get the dog owner’s name, address, and insurance information
- Collect witness statements and contact details
- Photograph the scene, including fences, gates, or leash conditions
- Preserve torn clothing or damaged property
- Document any verbal admissions or apologies from the owner
California law holds owners strictly liable for bites that occur in public or when the victim is lawfully on private property.
Step 4: Understand California’s Dog Bite Liability Law
California Civil Code § 3342 imposes strict liability on dog owners:
| Rule | Description |
|---|---|
| Strict liability | Owners are liable even if the dog has never bitten before |
| No “one-bite” rule | Prior aggression is not required to establish liability |
| Public or lawful presence | Victim must be in a public place or lawfully on private property |
| Exceptions | Trespassers and provokers may not recover damages |
This means you don’t need to prove negligence—only that the bite occurred under qualifying conditions.
Step 5: Consult a Personal Injury Attorney
A California dog bite lawyer can:
- Evaluate your case and determine liability
- Issue a demand letter to the dog owner or their insurer
- File a lawsuit if the claim is denied or undervalued
- Retain medical and psychological experts
- Negotiate a settlement or take the case to trial
Most attorneys work on a contingency fee basis, meaning you pay nothing unless you win.
Step 6: File the Lawsuit Within the Statute of Limitations
California’s statute of limitations for dog bite lawsuits is:
- 2 years from the date of the bite (personal injury claims)
- 3 years for property damage (e.g., torn clothing, broken glasses)
- Shorter deadlines may apply if the dog owner is a government employee
Missing the deadline may bar you from recovering damages.
Step 7: Recover Damages
Successful dog bite lawsuits may result in compensation for:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress and PTSD
- Scarring and disfigurement
- Property damage
- Punitive damages (in cases of gross negligence or intentional harm)
Homeowner’s or renter’s insurance often covers dog bite liability.
References
- California Civil Code § 3342 – Dog Bite Liability Statute
- Shouse Law Group. (2024). Dog Bite Lawsuit Attorney California – Harvard-Trained Litigator
- Nolo. (2024). California Dog-Bite Laws and Rules for Dangerous Dogs
- Helbock Law. (2024). California Dog Bite Law & Statute: Legal Rights, Liability, and Compensation
- Nordean Law. (2024). Dog Bite Laws In California: What You Must Know
- California Department of Public Health – Rabies and Animal Bite Reporting Guidelines
- California Courts. (2024). Personal Injury Filing Deadlines and Procedures