If you or someone you know was attacked by a dog, it is important to speak with an experienced dog bite lawyer as soon as possible. Dog bite injuries can lead to serious medical treatment, scarring, nerve damage, infection, emotional distress, lost wages and long-term complications.
California’s dog bite laws can be powerful for injury victims, but dog owners and insurance companies often defend these cases aggressively. They may dispute how the bite happened, whether the injured person was lawfully on the property, the seriousness of the injury or the value of the claim.
Rogers | Beltran LLP represents dog bite victims in Los Angeles and throughout Southern California. Our attorneys understand how to investigate dog bite cases, evaluate liability, document damages and take cases to trial when the defense refuses to offer fair value.
This guide explains how California dog bite claims work, including strict liability, common law dangerous propensity claims, what happens to the dog after a bite and what injured victims should know before speaking with an insurance company.
California Dog Bite Laws: What Injury Victims Should Know
California has two important legal paths that may apply in a dog bite injury case:
- California’s statutory dog bite law under Civil Code section 3342.
- California’s common law rule involving dogs with known dangerous or vicious tendencies.
Both legal theories can support a personal injury claim, but they work differently. The right approach depends on the facts of the case, where the bite happened, whether the dog had a history of aggression and what evidence is available.
California’s Dog Bite Statute
California Civil Code section 3342 is often referred to as California’s dog bite statute. Under this law, a dog owner may be held liable when their dog bites someone who is in a public place or lawfully on private property.
To establish a claim under California’s dog bite statute, an injured person generally must prove:
- The defendant owned the dog.
- The dog bit the injured person.
- The injured person was in a public place or lawfully on private property.
- The injured person was harmed.
- The dog bite was a substantial factor in causing the harm.
This means an injured person does not always have to prove that the dog previously bit someone or had a known history of aggression. In many cases, the central issues are whether the bite occurred, whether the injured person was legally allowed to be where they were, and what damages resulted from the attack.
What Does Strict Liability Mean in a California Dog Bite Case?
Strict liability means the dog owner may be legally responsible for injuries caused by a bite even if the owner did not intend for the attack to happen and even if the dog had not previously bitten someone.
This is one reason California dog bite claims can be different from other injury cases. In many personal injury claims, the injured person must prove negligence. In a dog bite case under Civil Code section 3342, the focus may be more directly on ownership, whether the bite occurred and whether the injured person was lawfully present.
However, strict liability does not mean every case is simple. Insurance companies may still dispute the injury, the medical treatment, the amount of compensation, whether the dog actually caused the harm or whether an exception applies. An experienced dog bite attorney can help gather evidence, communicate with insurers and protect the value of the claim.
California Common Law Dog Bite Claims
California also recognizes a common law rule involving domestic animals with known dangerous or vicious propensities.
Under California common law, a dog owner may be held strictly liable when the owner knew or should have known that the dog had an unusually dangerous nature or tendency and that tendency caused the injury.
To establish a claim under California’s common law dog bite rule, a plaintiff generally must prove:
- The defendant owned, kept or controlled the dog.
- The dog had an unusually dangerous nature or tendency.
- Before the injury, the defendant knew or should have known about that dangerous nature or tendency.
- The plaintiff was harmed.
- The dog’s dangerous nature or tendency was a substantial factor in causing the harm.
These cases can be more difficult to prove because they often require evidence of the dog’s prior behavior. That may include prior bites, prior attacks, aggressive behavior, complaints from neighbors, animal control records, witness testimony, warning signs or other evidence showing the owner knew the dog posed a risk.
Why Dog Bite Cases Can Be Disputed
Even with California’s strict liability dog bite statute, insurance companies may still fight the claim. Common disputes include:
- Whether the dog actually bit the injured person.
- Whether the injured person was trespassing.
- Whether the injury was caused by the bite or another event.
- Whether the medical treatment was necessary.
- Whether scarring, nerve damage or emotional harm is significant.
- Whether the dog owner has available insurance coverage.
- Whether the injured person provoked the dog.
- Whether the claim value is supported by the evidence.
Because of these disputes, dog bite cases often require careful documentation. Photos, medical records, witness statements, animal control reports, prior complaints and expert opinions may all become important.
What Compensation Can Be Recovered After a Dog Bite?
The value of a dog bite claim depends on the facts of the case, the severity of the injury and the long-term impact on the injured person’s life.
Potential damages may include:
- Emergency room treatment
- Hospital bills
- Surgery
- Stitches
- Scar revision treatment
- Infection treatment
- Medication
- Physical therapy
- Future medical care
- Lost wages
- Reduced earning ability
- Pain and suffering
- Emotional distress
- Permanent scarring or disfigurement
- Nerve damage
- Loss of quality of life
Every case is different. A minor bite with limited treatment will be evaluated differently than a case involving permanent scarring, hand injuries, facial injuries, nerve damage, surgery or lasting emotional trauma.
What Should You Do After a Dog Bite in California?
After a dog bite, it is important to protect both your health and your potential legal claim.
Steps to consider include:
- Get medical treatment immediately.
- Take photos of the injury, the dog and the location if possible.
- Identify the dog owner or person responsible for the dog.
- Get contact information from witnesses.
- Report the bite to the appropriate animal control agency.
- Keep copies of all medical records and bills.
- Avoid giving a recorded statement to an insurance company before speaking with a lawyer.
- Contact an experienced dog bite lawyer to discuss your options.
Dog bite injuries can worsen over time due to infection, scarring or nerve-related complications. Prompt medical care also helps create a clear record connecting the injury to the attack.
What Happens to the Dog After a Bite?
Many dog bite victims worry about what will happen to the dog after a claim is made.
In many cases, the animal control agency may require the dog to be quarantined for a short period of time. This often happens at home, depending on the facts and local animal control requirements.
Rogers | Beltran LLP does not get involved in the animal control process. Our role is to help injured dog bite victims pursue fair compensation for their injuries and damages. Animal control decisions are handled by the responsible agency.
Why Choose Rogers | Beltran LLP for a Dog Bite Claim?
Dog bite cases can become highly contested, especially when serious injuries, disputed liability or insurance coverage issues are involved.
Rogers | Beltran LLP brings litigation-focused experience to personal injury cases. Our attorneys understand how to develop evidence, prepare claims for negotiation and pursue litigation when an insurance company refuses to fairly evaluate the harm caused.
The firm has also handled dog bite litigation with meaningful results. In Paschal v. Shawcroft, Rogers | Beltran LLP represented a client who suffered a dog bite injury to the hand. The firm presented evidence involving the dog’s prior history, retained experts and obtained a jury verdict of $177,540. This result was based on the facts of that case and is not a guarantee of future outcomes.
Speak With a Los Angeles Dog Bite Lawyer
If you were bitten by someone’s dog and suffered physical injuries, Rogers | Beltran LLP can help you understand your potential personal injury claim.
We offer a free 30-minute telephone or Zoom consultation with a licensed California attorney. During the consultation, we can discuss what happened, review the basic facts of the dog bite, and explain whether and how we may be able to help.
Contact Rogers | Beltran LLP to speak with a Los Angeles dog bite lawyer.
Frequently Asked Questions About Dog Bite Claims in California
Is California a strict liability state for dog bites?
Yes. California has a dog bite statute that may hold dog owners liable when their dog bites someone who is in a public place or lawfully on private property. The injured person generally does not have to prove that the dog previously bit someone for this statute to apply.
Do I need to prove the dog was dangerous before it bit me?
Not always. Under California Civil Code section 3342, a dog owner may be liable even if the dog had no known history of aggression. However, evidence of prior dangerous behavior may still matter in some cases, especially when pursuing a common law dangerous propensity claim or responding to insurance disputes.
Can I file a dog bite claim if I was bitten at someone’s home?
Yes, if you were lawfully on the property. California’s dog bite statute can apply when a person is bitten while lawfully on private property, including as an invited guest, worker or person with a legal right to be there.
What if the dog owner says I provoked the dog?
Insurance companies may argue provocation to reduce or deny responsibility. These disputes depend on the specific facts, witness statements, available video, animal control reports and other evidence. A dog bite lawyer can help evaluate and respond to these arguments.
What damages can I recover after a dog bite?
Potential compensation may include medical bills, future medical care, lost wages, pain and suffering, emotional distress, scarring, disfigurement, nerve damage and other losses depending on the facts of the case.
What if the dog bite caused scarring?
Scarring can be an important part of a dog bite claim, especially when the injury affects the face, hands, arms, legs or another visible area. Medical documentation, photos and expert evaluation may help show the long-term impact of the scarring.
Will the dog be put down if I file a claim?
Not necessarily. Many dog bite cases involve a quarantine period handled by the local animal control agency. Rogers | Beltran LLP does not make animal control decisions or get involved in that process. Our role is to help injured victims pursue compensation for their injuries.
Should I talk to the dog owner’s insurance company?
You should be careful before giving a statement to an insurance company. Insurers may use your statements to dispute the claim, minimize your injuries or reduce the value of your case. It is often best to speak with a dog bite lawyer first.
How long do I have to file a dog bite lawsuit in California?
Deadlines depend on the facts of the case. Many California personal injury claims are subject to a two-year statute of limitations, but shorter deadlines may apply in certain situations, including claims involving government entities. Speak with an attorney as soon as possible to avoid missing an important deadline.
Does Rogers | Beltran LLP handle dog bite cases in Los Angeles?
Yes. Rogers | Beltran LLP handles dog bite injury claims in Los Angeles and throughout Southern California.
Disclaimer
Thank you for visiting our website. Please note that this article is not intended to be legal advice. Rogers | Beltran LLP does not represent you until you have a signed retainer with the firm. The views expressed here are for educational purposes only. The law constantly changes, and we make no representations or guarantees about the current or past validity of the legal analysis. If you have questions about the current state of the law in this area, contact Rogers | Beltran LLP for a free telephone or remote consultation, or seek legal counsel from another reputable law firm.
