Dog attacks can be sudden, traumatic, and life-altering. Whether you were bitten, knocked down, or injured while trying to protect someone else, California law offers strong protections for victims—especially in San Diego County, where dog bite rates are among the highest in the state. This guide breaks down the legal steps to take after a dog attack, explains your rights under California’s strict liability statute, and outlines how to build a strong claim for compensation.
Step 1: Seek Immediate Medical Attention
Even minor bites can lead to serious infections, nerve damage, or long-term complications. After a dog attack:
- Visit an emergency room or urgent care center
- Request a tetanus shot or rabies evaluation if needed
- Document all injuries with photographs
- Ask for a copy of your medical records and bills
Prompt treatment not only protects your health—it also strengthens your legal claim by creating a clear record of the incident.
Step 2: Report the Attack to Authorities
In San Diego County, dog bites must be reported to the Department of Animal Services at (619) 767-2675. Reporting ensures:
- The dog’s vaccination and bite history are investigated
- The incident is documented for future legal proceedings
- The dog may be quarantined or evaluated for aggression
If the attack occurred in a city like Chula Vista, Oceanside, or El Cajon, contact the local animal control agency or police department. Filing a report creates an official record that can be used to support your claim.
Step 3: Identify the Dog and Its Owner
Gather as much information as possible:
- Dog owner’s name, address, and contact details
- Breed, color, and size of the dog
- License or tag number (if visible)
- Witness statements and contact information
- Surveillance footage or photos of the incident
If the dog owner is unknown, speak with neighbors, delivery drivers, or postal workers—these individuals often know which dogs are aggressive or unrestrained in the area.
Step 4: Understand California’s Dog Bite Law
Under California Civil Code § 3342, dog owners are strictly liable for bite injuries that occur:
- In public places
- On private property where the victim is lawfully present
This means:
- You do not need to prove negligence
- The dog’s history of aggression is irrelevant
- Owners are responsible even if the dog has never bitten before
Exceptions include:
- Trespassing
- Provoking the dog
- Working with dogs professionally (e.g., veterinarians)
San Diego enforces this law countywide, and most cities have additional leash and licensing ordinances that may strengthen your case.
Step 5: Document Your Damages
To build a strong claim, keep detailed records of:
- Medical bills and treatment plans
- Lost wages or missed work
- Pain and suffering (journals, therapy records)
- Scarring or disfigurement (photos over time)
- Emotional trauma (especially in children)
California allows recovery for both economic and non-economic damages, including future medical care and psychological counseling.
Step 6: Avoid Speaking with Insurance Adjusters Alone
Dog owners often carry homeowners or renters insurance that covers bite injuries. However:
- Adjusters may offer low settlements
- They may ask leading questions to reduce liability
- Anything you say can be used against you
Before speaking with an insurer, consult a San Diego dog bite attorney. A lawyer can handle negotiations, protect your rights, and ensure you receive fair compensation.
Step 7: File Your Claim Before the Deadline
Under California Code of Civil Procedure § 335.1, you have:
- Two years from the date of the attack to file a personal injury lawsuit
- Six months to file a claim against a government entity (e.g., police dog attack) under Gov. Code § 911.2
Missing the deadline may bar you from recovering damages. An attorney can help you file on time and preserve your legal rights.
What If the Dog Didn’t Bite You?
California’s strict liability law applies to bites, but you may still have a claim if:
- A dog knocked you down and caused injury
- You were injured while fleeing an aggressive dog
- Your pet was attacked and you were hurt trying to intervene
These cases may fall under general negligence or premises liability. San Diego courts have awarded compensation in non-bite dog attack cases when owners failed to control their animals.
Common Injuries in Dog Attacks
Dog attacks can cause a wide range of injuries, including:
- Puncture wounds and lacerations
- Nerve damage and infections
- Broken bones or concussions from falls
- Facial injuries requiring plastic surgery
- PTSD, anxiety, and fear of animals
Children and elderly victims are especially vulnerable and often receive higher compensation due to long-term impact.
How a San Diego Dog Bite Lawyer Can Help
An experienced attorney can:
- Investigate the incident and gather evidence
- File claims against the dog owner and their insurer
- Coordinate expert testimony (e.g., dog behaviorists, plastic surgeons)
- Negotiate settlements or take your case to trial
- Maximize your compensation under California law
Most dog bite lawyers work on a contingency basis, meaning you pay nothing unless they win your case.
Real-Life Example: San Diego Dog Park Attack
A woman was bitten on the leg by an off-leash dog at a public park in San Diego. She required stitches, antibiotics, and missed two weeks of work. The dog had no prior bite history, but the owner admitted the dog was not leashed.
Outcome:
- $42,000 settlement through the owner’s homeowners insurance
- Covered medical bills, lost wages, and pain and suffering
- No trial required
This case illustrates how strict liability and local leash laws work together to protect victims.
Final Thoughts
Dog attacks in San Diego are more common than many realize—and the legal system is designed to protect victims. Whether you were bitten, knocked down, or emotionally traumatized, California law gives you the right to pursue compensation. By seeking medical care, reporting the incident, and working with a qualified attorney, you can hold negligent dog owners accountable and recover the damages you deserve.
If you’ve been injured in a dog attack, don’t wait. Contact a San Diego dog attack lawyer today for a free consultation and take the first step toward justice.
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
- Dog Bite Liability Laws in San Diego – Rawlins Law
- What to Do After a Dog Attack in San Diego – Jassim Law
- San Diego County Dog Bite Legal Guide – Helbock Law
- Dog Bite Laws in San Diego – Jurewitz Law Group