Dog bites happen more often than most people think. A quick walk through a neighborhood or a visit to a friend’s house can take a painful turn if a dog gets aggressive. In California, dog bite victims have legal protections that allow them to seek compensation without having to prove the dog’s history or the owner’s prior knowledge. If you’ve been bitten, or someone you love has, it’s important to understand how the law works and what steps to take.

California Holds Dog Owners Strictly Liable

One of the key things to know is that California uses a strict liability rule for dog bites. This means that a dog owner is responsible for injuries their dog causes—even if the dog has never shown signs of aggression before. It does not matter if the owner took precautions or believed the dog was friendly.

Under California Civil Code Section 3342, the owner is liable if:

The victim was bitten by the dog
The bite occurred in a public place or while lawfully on private property

This makes it easier for victims to pursue a claim because they don’t have to prove negligence. It’s enough to show that the bite happened and that the injured person had a legal right to be where they were.

When the Law Applies and When It Doesn’t

Strict liability applies only to bites. If a dog knocks someone over or causes injury in another way—like jumping or chasing—the victim may still have a case, but it will be handled differently. In those situations, the injured person may need to prove that the owner was negligent or failed to control the dog.

Also, strict liability won’t apply if the victim was trespassing, provoking the dog, or engaged in criminal activity at the time of the attack. For example, if someone breaks into a home and gets bitten, the dog owner may not be held responsible.

What Counts as Lawful Entry

To be protected under California’s dog bite law, the person bitten must have been lawfully on the property. This includes:

People invited onto the property (like friends or family)
Workers such as delivery drivers or utility company employees
Children playing in a public area or front yard with implied permission

If someone was not allowed to be on the property—or was told to leave but didn’t—the situation may fall outside the scope of strict liability.

Dog Bites in Public Spaces

Public spaces are also covered by the law. Parks, sidewalks, and even pet-friendly stores are considered public places where dog owners must control their pets. If someone is bitten in a public area, the owner is still responsible under the same rules.

What Victims Can Recover

After a dog bite, the injured person may face physical pain, emotional trauma, and financial strain. California law allows victims to pursue compensation for several types of damages, including:

Medical expenses (hospital visits, surgery, medication)
Future medical care (if the injury is long-term or leads to complications)
Lost income or reduced ability to work
Pain and suffering
Scarring or disfigurement
Emotional distress or trauma, especially in cases involving children

In some cases, punitive damages may be awarded if the dog owner acted recklessly or encouraged the dog to attack.

Steps to Take After a Dog Bite

Getting medical attention should always come first. Even minor-looking bites can lead to infections or nerve damage. After that, documenting what happened is critical for any potential claim. Here are a few important steps:

Get contact information from the dog’s owner and any witnesses.
Report the bite to animal control or the local health department. This creates an official record and may help determine if the dog has a history of aggression.
Take photos of your injuries, the scene of the bite, and the dog if possible.
Keep track of all expenses related to the injury, including medical bills, lost wages, and out-of-pocket costs.

If the dog owner has homeowners or renters insurance, their policy may cover the damages. Your attorney can help with filing a claim and communicating with the insurance company.

What Happens to the Dog

California does not automatically require that the dog be put down after a bite. The local animal control office will usually investigate. If the dog has a history of attacks or is found to be dangerous, there may be restrictions placed on the owner, such as requiring the dog to be muzzled or confined. In severe cases, the dog may be declared vicious and removed from the home.

Owners may also face fines or legal consequences if they failed to follow leash laws or had knowledge that the dog was dangerous.

Filing a Lawsuit in California

Most dog bite cases are resolved through insurance claims, but in some cases, a lawsuit becomes necessary. In California, the statute of limitations for filing a personal injury lawsuit is two years from the date of the injury. If the bite involved a government agency’s animal (such as a police dog), the deadline to file a claim is much shorter—often just six months.

Waiting too long to act can make it harder to build a strong case or collect full compensation. That’s why it’s important to speak with an attorney early on.

The Role of Legal Representation

Although California’s strict liability law is in favor of dog bite victims, that doesn’t mean the process is easy. Insurance companies may argue that the injury was not serious, claim the bite was provoked, or offer a settlement that doesn’t fully cover your losses.

A personal injury attorney with experience in dog bite cases can help by:

Investigating the incident
Gathering medical and witness evidence
Dealing with the insurance company
Negotiating for full compensation
Filing a lawsuit if needed

Your legal team can also help protect your rights if the dog owner tries to avoid responsibility or denies the claim.

Conclusion

California law aims to protect both dog bite victims and responsible pet owners. For dog owners, that means staying alert, following leash laws, and being honest about a dog’s behavior. For victims, it means having the right to seek justice and support when they’ve been hurt.

If you or someone in your family has been bitten by a dog, don’t try to handle it alone. The medical and emotional costs can add up quickly, and the legal process is easier with guidance.

Our California personal injury firm is here to help you understand your rights, weigh your options, and take the next step toward recovery. Reach out to schedule a consultation and get the information you need to move forward.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.