Dog Bite 101

1. Bitten by a Dog? Here’s What You Need to Know

Dog bites are more common than most people think. Approximately 4.7 million people are bitten by dogs each year in the U.S., and many of those victims require emergency medical attention. A dog attack can leave victims physically scarred and emotionally shaken. Whether it happens in a public park, a neighbor’s home, or your own front yard, a dog bite can raise serious legal and financial questions.

If you or someone you love has been bitten by a dog in California, it’s important to know your rights. This guide walks you through the legal basics of dog bite claims, from liability laws to what to do immediately after an incident. Understanding your legal options is the first step toward getting the compensation you deserve.

*Please remember that the information provided is for general guidance only and should not be considered a substitute for professional legal advice. Consult with a qualified attorney for advice tailored to your specific situation.

2. California’s Strict Liability Dog Bite Laws Explained

In California, dog bite liability is governed by strict liability, a legal standard that holds dog owners responsible for most bite injuries, even if the dog has never exhibited signs of aggression before. 

Under California Civil Code § 3342, a dog owner is liable for damages if:

• The victim was bitten by the dog, and
• The victim was in a public place or lawfully on private property at the time of the bite.

Unlike some other states, California does not follow the “one bite rule.” That means a dog owner can still be held liable even if their dog has never bitten anyone before or shown any history of aggression.

Statute of Limitations 

You generally have two years from the date of the bite to file a personal injury lawsuit. 

Exceptions Include: 

• Minors: If the victim is under 18 at the time of the bite, the 2-year clock typically starts on their 18th birthday, giving them until age 20 to file.
• Delayed discovery: In rare situations where the injury was not immediately apparent, the time limit may begin when the injury is discovered or should have been discovered.

3. When Is a California Dog Owner Legally Responsible for a Bite?

A dog owner is strictly liable in most bite cases under California law. This means the injured person does not need to prove that the owner was negligent or that the dog had a history of biting. 

A dog owner may be liable if:

• The bite occurred in a public place (e.g., sidewalk, park, store)
• The bite occurred on private property, and the victim was there legally (e.g., guest, delivery person)

Exceptions to Liability:

There are a few situations where a dog owner may not be held liable:

• The victim was trespassing at the time of the bite
• The victim provoked the dog (e.g., hitting or teasing it)
• The dog was a police or military animal performing official duties

Even in these cases, liability may still exist under general negligence laws, depending on the circumstances. It’s always best to consult with a lawyer if you have questions about who’s at fault.

4. Who Can File a Dog Bite Claim?

Anyone who has been bitten by a dog in California may be eligible to file a claim, including:

• Adults and children: Children are often more severely affected and may require long-term care.
• Parents or guardians: Can file claims on behalf of minor children.
• Third parties: People injured while trying to help a victim (e.g., pulling the dog away) may also have a claim.

If the victim dies as a result of the bite, their surviving family may have grounds for a wrongful death claim. These are complex claims that require careful handling. If you lost a loved one after a dog attack, reach out to an attorney as soon as possible. 

Does Insurance Cover Dog Bites? What Victims Should Know

In most dog bite cases, compensation comes from an insurance policy—typically the dog owner’s homeowner’s or renter’s insurance. These policies often include liability coverage for dog-related injuries, even if the incident occurred off the owner’s property.

Common Sources of Coverage:

• Homeowner’s insurance: Usually covers dog bite injuries that occur both on and off the property.
• Renter’s insurance: Similar to homeowner’s policies, renter’s insurance often covers dog bite liability.
• Umbrella policies: May provide additional coverage beyond standard policy limits.

Some policies exclude coverage for certain breeds considered “high risk” or for dogs with a history of aggression. It’s important to investigate the specific policy involved in your case.

5. Dog Breeds Linked to the Most Fatal Attacks

According to data provided by DogsBite.org, the following dog breeds were involved in the most fatal dog attacks in the U.S. from 2005 to 2019: 

• Pitbulls (66.4%)
• Rottweilers (9.8%) 
• Mixed-breeds (5.2%)
• German shepherds (4.2%)
• Mastiffs/Bullmastiffs (3.5%)
• American bulldogs (3.1%)
• Huskies (2.7%)

6. Injuries You Can Sue For After a Dog Bite

Dog bites can range from minor to life-threatening and may result in long-term consequences. Common injuries include:

• Puncture wounds and lacerations: Deep bites can damage skin, muscles, and nerves.
• Infections: Dog mouths contain bacteria that can lead to serious infections like cellulitis or sepsis.
• Broken bones or crushed tissue: Large or aggressive dogs can exert enough force to fracture bones.
• Scarring and disfigurement: Particularly in bites to the face, neck, or hands.
• Psychological trauma: Victims—especially children—may suffer PTSD, anxiety, or lasting fear of dogs.

Prompt medical care is crucial. Some injuries may require surgery, skin grafts, or long-term therapy. 

7. 6 Critical Steps to Take After a Dog Bite

If you or someone you know has been bitten by a dog, taking the right steps immediately afterward can protect both your health and your legal rights.

1. Seek Medical Attention

Even if the bite seems minor, get checked by a medical professional. Dog bites can lead to infections, and untreated wounds may become more serious over time.

2. Identify the Dog and Owner

Get the name, address, and contact details of the dog owner. Ask for the dog’s vaccination records, especially proof of rabies vaccination.

3. Report the Bite

Contact your local animal control agency or police department to report the incident. This creates an official record and may lead to an investigation that supports your claim.

4. Document Everything

Take photos of your injuries, the location of the bite, and the dog (if possible). Write down the date, time, and details of the incident. Collect names and contact information of any witnesses.

5. Avoid Giving Statements

Do not speak to the dog owner’s insurance company or sign any documents without legal advice. What you say could be used to weaken your case.

6. Contact a Dog Bite Attorney

A qualified attorney can help you navigate the legal process, gather evidence, and negotiate with insurance companies to ensure you receive full and fair compensation. At DK Law, we have a strong track record of winning dog bite cases. 

Remember, time is of the essence. Acting quickly preserves evidence and helps build a stronger case.

8. What Damages Can You Recover After a Dog Attack?

Victims of dog bites may be entitled to compensation for a variety of losses. In California, damages are typically divided into two main categories: economic and non-economic damages.

Economic Damages:

These are tangible losses with a clear monetary value:

• Medical expenses: Covers emergency care, hospital stays, medication, physical therapy, and future medical treatments related to the injury.
• Lost income: If the bite caused you to miss work or reduced your ability to earn in the future.
• Property damage: If personal items like clothing or electronics were damaged in the attack.

Non-Economic Damages:

These compensate for more subjective, emotional losses:

• Pain and suffering: Physical discomfort and limitations resulting from the injury.
• Emotional distress: Includes anxiety, PTSD, depression, and fear stemming from the attack.
• Scarring and disfigurement: Especially relevant for bites that result in visible, lasting changes to appearance.

Punitive Damages:

In rare cases where the dog owner acted with extreme negligence or malice (e.g., knowingly allowing a dangerous dog to roam freely), punitive damages may be awarded to punish the wrongdoer and deter similar behavior.

Every case is unique, and the amount of compensation depends on the severity of the injuries, their long-term impact, and the available insurance coverage. The attorneys at DK Law will walk you through everything you are owed. 

9. What Evidence Do You Need to Win a Dog Bite Case?

To successfully pursue compensation, the victim must provide evidence that supports their dog bite claim. In California, strict liability means the victim generally does not need to prove negligence, but they must still show the core facts of the case.

Key Elements to Prove:

• A bite occurred: There must be clear evidence that the dog bit the victim. Photographs, medical records, and eyewitness accounts are crucial.
• The defendant is the dog’s owner: Ownership must be established, either through witness statements, licensing records, or the defendant’s own admission.
• The victim was lawfully present: The bite must have occurred in a public place or while the victim was lawfully on private property.

Types of Evidence:

• Medical documentation: Treatment records help link the bite to the injury and validate the extent of harm.
• Witness statements: Anyone who saw the bite or events leading up to it can provide important context.
• Photos and videos: Visual evidence of the injury, the dog, and the scene is very persuasive.
• Animal control or police reports: These official records can establish that the bite was reported and investigated.
• Veterinary and ownership records: These help prove the dog’s identity and vaccination status.

While California’s strict liability law favors victims, assembling strong evidence improves the chances of a fair and full settlement. 

10. Injured by a Dog Without Being Bitten? You May Still Have a Case

While California’s strict liability statute applies specifically to dog bites, injury claims involving dogs aren’t limited to bites alone. A person can still pursue compensation if they were injured by a dog in another way, as long as they can prove negligence on the part of the dog’s owner or handler.

Common Non-Bite Scenarios:

• A dog jumps on someone and causes a fall
• A person trips over an uncontrolled or unleashed dog
• A dog chases a person into traffic or onto hazardous terrain
• A cyclist is injured while swerving to avoid an aggressive or unleashed dog

Legal Standard: Negligence

Unlike bite cases, non-bite injuries require the victim to show that the dog owner was negligent. This means proving:

1. The owner had a duty to control or restrain the dog
2. The owner breached that duty
3. The breach caused the injury
4. The victim suffered actual damages

11. When You Need a California Dog Bite Attorney – and Why DK Law

After a dog bite, it’s easy to feel overwhelmed. Between medical appointments, insurance paperwork, and emotional recovery, legal action may feel like a low priority. But speaking with an experienced dog bite attorney early can be one of the most important steps you take.

You should contact a lawyer if:

• You’ve suffered serious injuries or scarring
• A child or elderly person was bitten
• The dog owner is denying responsibility
• The insurance company is pressuring you to settle quickly
• You’re unsure of what your case is worth

How DK Law Can Help:

• Evaluate your claim: Determine how much your case is worth, including future medical costs and emotional impact.
• Gather evidence: Help collect medical records, witness statements, and other documents to build a strong case.
• Communicate with insurers: Handle all communications with insurance companies to protect your rights.
• Negotiate or litigate: Secure the best possible settlement or take your case to trial if needed.

Most dog bite attorneys work on a contingency fee basis, meaning you pay nothing upfront—they only get paid if you win. This ensures that legal help is accessible to everyone, regardless of financial situation.

The sooner you contact a lawyer, the sooner you can focus on healing while your attorney handles the legal burden.

12. DK Law Fights for Dog Bite Victims Across California

Dog bite incidents can be traumatic, painful, and financially burdensome, but you don’t have to face the aftermath alone. California law is on your side, and with the right knowledge and legal support, you can hold negligent dog owners accountable and secure the compensation you need to recover.

Whether your injuries are minor or severe, knowing your rights is critical. Acting quickly to document the incident, seek medical attention, and consult an experienced dog bite attorney can make all the difference in the outcome of your case.

At DK Law, we understand how overwhelming this process can be—and we’re here to guide you through it every step of the way. If you or a loved one has been injured in a dog attack, don’t wait. Reach out today for a free consultation and get the help you need to move forward.