California Dog Bite Lawyer

Our California Dog Bite Lawyers Investigate Claims

Dog bites are a serious and growing problem in California. According to the Insurance Information Institute, the cost of dog bite claims in California reached $122.83 million in 2019 — the highest of any state in the country. If you have been bitten or attacked by a dog, you need a California dog bite lawyer who understands how the state’s strict liability law works and how to maximize your recovery.

At Wells Call Injury Lawyers, our California dog bite attorneys have been fighting for injury victims since 1984. We have recovered hundreds of millions of dollars for clients in personal injury cases, including premises liability claims for dog bites and animal attacks. Whether the dog owner is a stranger, a neighbor, or a family member, we can help you pursue compensation through the owner’s homeowner’s insurance — without ruining a close relationship.

Our dog bite lawyers serve clients throughout Northern California from our offices in Fairfield, Vacaville, Napa, Richmond, Vallejo, and Woodland.

What Is California’s Dog Bite Law?

California’s dog bite law is codified in California Civil Code §3342. Under this statute, California follows a strict liability rule for dog bites. This means that a dog owner is automatically liable for injuries caused by their dog’s bite, regardless of whether the dog has ever bitten anyone before or shown aggressive behavior.

This is different from the “one-bite rule” that many other states follow. Under the one-bite rule, a dog owner may be shielded from liability if their dog had no prior history of violence. In California, there is no such shield — the owner is responsible from the very first bite.

When Does Strict Liability Apply?

California’s strict liability law applies when two conditions are met:

• The owner’s dog bit you. Strict liability under Civil Code §3342 applies specifically to bite cases. If a dog harmed you in another way — such as jumping on you and knocking you down — you would need to prove the owner was negligent. However, even a bite that does not pierce the skin qualifies under this statute.
• The bite occurred in a public place or while you were lawfully on private property. This includes being on the property as an invited guest, a mail carrier, a delivery driver, or any other person who is legally present.

Even if strict liability does not apply to your specific situation, the dog owner may still be liable under California’s general negligence laws. A qualified California dog bite attorney can evaluate which legal theory gives your case the strongest foundation.

What Are the Consequences of a Dog Bite or Dog Attack in California?

Not all dog bites or attacks are serious. Some people do not require medical care in emergency rooms.

However, as we stated, the CDC’s estimates suggest that one in five dog bite victims require medical care. Many of those victims are children and seniors.

The possible consequences of a dog bite or dog attack include:

• Infection. This is one of the most common health risks associated with dog bites. In the worst-case scenarios, infections can lead to other major health problems, such as organ failure, tissue death, and amputation.
• Disfigurement. Dog bite and attack victims can suffer soft tissue damage and disfigurement. This type of injury can also compound the mental health conditions that may occur after a dog bite or dog attack.
• Mental health conditions. Dog bite victims, especially children, can suffer from mental health conditions for years after the attack. Post-traumatic stress disorder, also called PTSD, is a possible health outcome after a dog bite or attack.

The injuries listed above can cost a person millions of dollars in damages over the course of a lifetime. For instance, someone with severe disfigurement is going to have a more difficult time finding and maintaining employment.

Attack survivors may also suffer medical bills due to their injuries.

Who Is Responsible for a Dog Bite According to California Law?

A dog attack claim can be as involved and complex as a car accident claim, depending on the circumstances. However, unlike some other states, California’s dog bite law is relatively straightforward.

There is no “one-bite rule,” which generally absolves a pet owner from liability if the animal had no history of violence. Instead, California law follows the doctrine of strict liability for dog bite claims.

This means that the pet owner is liable for any injuries and damages caused by their pet as long as a few conditions are met.

These are:

• The owner’s dog bit you. Strict liability applies only to bite cases – if someone’s pet harmed you by jumping up and knocking you over, for example, then you would have to prove negligence for a successful claim. However, a bite, even a bite that does not pierce the skin, does not require that you demonstrate that the owner was negligent.
• The bite happened in a public place or while you were legally on private property.

Even if strict liability does not apply to your particular case, the dog owner may still be liable for your injuries and damages.

Always contact a qualified California dog bite lawyer for advice about your unique situation.

Defenses to Dog Bite Claims in California

While California’s strict liability law strongly favors dog bite victims, there are certain defenses that a dog owner may raise to reduce or eliminate liability. Understanding these defenses can help you build a stronger case.

Provocation

If the dog owner can prove that you provoked the dog — by teasing, hitting, or otherwise agitating the animal — they may argue that you share responsibility for the attack. This defense is often raised in cases involving children, which is why witness testimony and documentation are critical.

Trespassing

California’s strict liability law requires that you were lawfully present at the location where the bite occurred. If you were trespassing on private property at the time of the attack, the dog owner may not be strictly liable under Civil Code §3342. However, you may still have a negligence claim depending on the circumstances.

Comparative Negligence

California follows a pure comparative negligence system. Under this rule, your compensation may be reduced by your percentage of fault. For example, if you are found to be 20% responsible for the incident (perhaps by ignoring warning signs), your damages would be reduced by 20%. Importantly, California’s system means you are never completely barred from recovery — even if you bear some fault.

Can You Sue for a Minor Dog Bite?

Yes, you may be able to file suit and recover damages after suffering a minor dog bite. California follows the strict liability doctrine, as noted above. Therefore, the dog owner is liable for any damages.

Keep in mind that you ought to get a full understanding of your injuries before deciding that they are minor. For example, you may discover that you are still having pain a long time after the dog bite has happened.

Dog bites are each categorized differently. It is a good idea to get a sense of where your situation might fall. One common way to categorize dog bites is by arranging their severity in six different levels:

• Level 1: This is a minor type of bite. It usually involves growling and barking.
• Level 2: This is also a dog bite on the lesser end of the spectrum. This does not puncture the person’s skin but can leave nicks.
• Level 3: A level three bite is equivalent to one to four punctures from a single bite. The bite results in a puncture no deeper than half the length of the dog’s canine teeth. 
• Level 4: This means that the victim suffered one to four punctures as well. Additionally, at least one puncture is deeper than half the length of the animal’s canine teeth.
• Level 5: In a level five dog bite, there is a multiple-bite incident involved. 
• Level 6: The sixth level leaves the victim dead.

Do You Have to Report a Dog Bite in California?

In California, you do have to file a report if there is a dog attack. In fact, not only do you need to file a report, but you have to contact your local health department.

Take note that there are consequences if the dog owner flees the scene. If the person having custody over an animal knows that their dog bit someone else, they must give the other person their contact information. 

If the dog must get a vaccination by law against rabies, the owner of the dog has to give the person who was bitten information about the animal’s vaccinations.

If they fail to do so and leave the scene, they may be fined up to $100 under California law.

Can You Sue a Dog Owner for Their Attacking Your Dog?

Under California’s strict liability laws, the biter’s owner is responsible if their dog bites another dog. You should ensure that you get the owner’s contact information if this happens. It is possible that you can recover compensation for your damages. 

Feel free to reach out to our empathetic lawyers today for assistance filing your dog bite personal injury claim.

Statute of Limitations for Dog Bite Claims in California

Often, victims of dog attacks are children. In addition to being emotionally traumatizing, the incident often results in severe physical injuries and disfigurement. A child’s face is often at the same level as a dog’s muzzle. As a result, there is ample opportunity for the animal’s teeth to do serious damage.

Our attorneys have decades of experience representing the victims of dog bites and dog attacks. We can fight for the compensation your child needs for medical care and psychological counseling.

Generally, we pursue compensation for:

• Medical tests, ER visits, and surgeries
• Future reconstructive or plastic surgery
• Psychological counseling and therapy for PTSD or anxiety
• Lost wages (for adults) or lost earning capacity
• Pain and suffering
• Scarring and disfigurement damages

Doctors may recommend waiting until your child reaches a certain age before performing plastic surgery. That is why it is so important to obtain the money now that your child may require down the road.

When you file a dog bite injury claim, you are not requesting money from the dog’s owner directly. As a rule, you are pursuing money from his or her homeowner’s insurance company. Thus, even if your injuries were caused by a friend or family member’s dog, you should pursue compensation. A California dog attack lawyer can handle all the details to process your claim as quickly as possible. In most cases, we can negotiate a settlement, which means you would not even need to go to court.

What Is the Average Settlement for a Dog Bite in California?

There is not a single “average” settlement for dog bites in California because every claim involves different facts and circumstances. However, understanding the factors that influence settlement value can help you set realistic expectations.

Factors That Influence Dog Bite Settlement Value

• Severity of the injury: Deep puncture wounds, nerve damage, and facial disfigurement command higher settlements than surface-level injuries.
• Location of the bite: Bites to the face, hands, and neck tend to result in higher settlements due to scarring visibility and functional impairment.
• Victim’s age: Settlements involving children are often higher due to the long-term psychological impact and future surgical needs.
• Medical expenses: Both current and projected future medical costs, including reconstructive surgery, are factored into settlement calculations.
• Lost income: Wages lost during recovery and any long-term reduction in earning capacity.
• Insurance policy limits: The dog owner’s homeowner’s or renter’s insurance policy limits can cap the available recovery in many cases.
• Emotional distress: Documented PTSD, anxiety, and fear of dogs are compensable non-economic damages.

According to the Insurance Information Institute, the average cost per dog bite claim nationwide was $58,545 in 2023. However, California claims tend to be higher than the national average due to higher medical costs and the state’s strong consumer protection laws.

A personal injury attorney at our firm can work with you to evaluate the specific facts of your case and provide a realistic assessment of its value.

Frequently Asked Questions About Dog Bites in California

How long do I have to file a dog bite claim in California?

Under California Code of Civil Procedure §335.1, you generally have two years from the date of the dog bite to file a personal injury lawsuit. If the victim is a minor, the statute of limitations is typically tolled until the child turns 18. Contact a dog bite attorney as soon as possible to protect your rights.

Can I sue for a dog bite if the dog has never bitten anyone before?

Yes. California follows a strict liability rule under Civil Code §3342, which means the dog owner is liable for bite injuries regardless of whether the dog has any prior history of aggression. There is no “one-bite rule” in California.

What if I was partially at fault for the dog bite?

California follows a pure comparative negligence system. Even if you were partially at fault — for example, if you ignored warning signs — your compensation is reduced by your percentage of fault but not eliminated entirely. A dog bite lawyer can help determine how comparative fault may affect your specific claim.

How much does a dog bite lawyer cost in California?

Most dog bite lawyers, including Wells Call Injury Lawyers, work on a contingency fee basis. This means you pay no upfront fees and owe nothing unless we recover compensation for you. Our free consultation allows you to understand your legal options without any financial risk.

Can I sue a landlord for a tenant’s dog bite in California?

In some cases, yes. A landlord may be liable for a tenant’s dog bite if the landlord knew (or should have known) that the tenant’s dog was dangerous and had the ability to remove the dog or take other action. Landlord liability in dog bite cases requires proof of knowledge and control.

What is the most dangerous dog breed in California?

While certain breeds like pit bulls, Rottweilers, and German Shepherds are statistically involved in more bite incidents, California law does not impose breed-specific liability. Under Civil Code §3342, all dog owners are equally subject to strict liability regardless of their dog’s breed.

Contact Our Dog Bite Attorney in California for a 100% Free Consultation

The lawyers at Wells Call Injury Lawyers can help you determine your possible legal options after a dog bite or attack. We offer free consultations and take cases on a contingency fee basis, meaning you do not owe fees unless we recover compensation.

Since 1984, our injury attorneys have recovered over half a billion dollars for our clients. We serve clients across Northern California from our offices in Fairfield, Napa, Richmond, Vallejo, Woodland, and Vacaville.

To schedule a free consultation, call us at (707) 426-5300 or use our online case review form.

We have recovered hundreds of millions for past clients in a wide array of personal injury cases, including premises liability claims for dog bites.

Our Fairfield, California Office Location