Dog bites are traumatic events that can leave lasting physical and emotional scars. In California, victims have the right to pursue compensation under the state’s strict liability laws. But not all dog bite cases are equal. Injuries are often categorized by severity, and Level 2 dog bites—which involve shallow puncture wounds or minor scratches—typically result in moderate settlements. This article explores what constitutes a Level 2 bite, how California law applies, and what victims can expect in terms of compensation.
What Is a Level 2 Dog Bite?
Dog bite severity is often assessed using the Dunbar Bite Scale, which ranks bites from Level 1 (no skin contact) to Level 6 (fatal attack). A Level 2 bite is defined as:
- Skin contact without puncture, or
- Minor puncture wounds that do not break deep tissue
- Scratches or bruising from a dog’s teeth or claws
- No deep lacerations, nerve damage, or permanent scarring
While Level 2 bites may not require surgery, they often involve:
- Cleaning and dressing the wound
- Antibiotics to prevent infection
- Tetanus shots
- Short-term pain and swelling
- Emotional distress, especially in children
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
This means victims do not need to prove negligence. Even if the dog has never bitten before, the owner is responsible for damages. Exceptions include:
- Trespassing
- Provoking the dog
- Working with dogs professionally (e.g., veterinarians)
Typical Level 2 Settlement Amounts
Level 2 dog bite settlements in California generally range from $20,000 to $50,000, depending on:
- Medical expenses
- Lost wages
- Pain and suffering
- Insurance coverage
- Emotional trauma
Real-Life Examples
Jogger Bitten at Public Park – $30,000 Settlement
- Incident: A jogger was bitten on the calf by an unleashed dog
- Injuries: Deep puncture wounds requiring stitches and antibiotics
- Insurance: Covered by the dog owner’s renter’s insurance
- Why This Amount: Included medical bills, lost wages from missed work, and moderate pain and suffering
Postal Worker Bitten on Forearm – $40,000 Settlement
- Incident: A postal worker was attacked by a dog that escaped through an open gate
- Injuries: Multiple puncture wounds and nerve sensitivity requiring physical therapy
- Insurance: Covered by homeowner’s insurance
- Why This Amount: Accounted for medical costs, rehab, and temporary work restrictions
Factors That Influence Settlement Value
1. Medical Costs
Even minor bites can lead to:
- Emergency room visits
- Antibiotics and tetanus shots
- Follow-up care or physical therapy
Documented medical expenses form the foundation of any settlement.
2. Lost Income
If the victim misses work due to pain, treatment, or recovery, lost wages are compensable. This includes:
- Hourly wages
- Salary
- Missed freelance or gig work
3. Pain and Suffering
Non-economic damages reflect:
- Physical pain
- Emotional distress
- Anxiety or fear of dogs
- Sleep disturbances
Children and elderly victims often receive higher compensation due to vulnerability and long-term impact.
4. Insurance Coverage
Most settlements are paid through:
- Homeowners insurance
- Renters insurance
- Umbrella policies
Policy limits can cap the payout, even if damages exceed coverage.
How to Maximize Your Settlement
To strengthen your claim:
- Seek immediate medical attention
- 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
An experienced lawyer can negotiate with insurers, gather expert testimony, and file a lawsuit if necessary.
Comparative Fault in California
California follows a pure comparative negligence rule. If the victim shares fault (e.g., provoking the dog), their compensation is reduced proportionally.
Example:
- Total damages: $40,000
- Victim found 25% at fault
- Final payout: $30,000
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 the deadline may bar recovery entirely.
Final Thoughts
Level 2 dog bites may seem minor, but they can still cause pain, emotional trauma, and financial loss. California law provides strong protections for victims, and settlements in the $20,000–$50,000 range are common. By documenting your injuries and working with a qualified 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
- Level 1–5 California Dog Bite Settlement Examples – LawLinq
- Average Dog Bite Settlement Amounts in California – Duque Law
- Dog Bite Settlements in California – Shouse Law Group
- Dog Bite Settlement Amounts – MKP Law Group
