Premises and Injury
California owners are strictly liable. The dog does not get a first bite
Under California’s dog bite statute an owner is liable for bite injuries even if the dog never showed aggression before.
About dog bites claims
California Civil Code section 3342 imposes strict liability on dog owners for bite injuries suffered by a person in a public place or lawfully on private property. Unlike states following a one-bite rule, an owner cannot avoid responsibility by claiming the dog had never bitten anyone or had no history of aggression.
Because liability is often straightforward, these cases usually turn on damages and on identifying the correct insurance. Bite injuries frequently require plastic surgery and leave permanent scarring, and children are disproportionately affected with injuries concentrated on the face, head and neck. Documenting the full medical course, including future revision surgery and psychological treatment, is central to the claim.
Coverage typically comes from a homeowner’s or renter’s liability policy, though some policies contain breed exclusions or animal-liability limits. Where a bite happened in a rental property, a common area, or a business, the landlord, property manager or business may also bear responsibility if they knew about a dangerous animal and allowed the risk to continue.
Common injuries
Injuries we see most often in these cases. Every claim is different, and this list is not exhaustive.
- Puncture wounds and deep tissue lacerations
- Permanent facial scarring and disfigurement requiring reconstruction
- Nerve, tendon and muscle damage with loss of function
- Serious infection, including cellulitis and sepsis
- Post-traumatic stress, night terrors and lasting fear of animals, especially in children
- Injuries sustained falling or fleeing during an attack
Who can be held liable
Responsibility often extends well beyond the most obvious company. We look at every party in the chain.
- The dog’s owner under Civil Code section 3342
- A keeper, handler, dog walker or kennel with custody at the time
- A landlord or property manager who knew of a dangerous animal on the premises
- A business that permitted an unrestrained animal on its property
- A parent or guardian responsible where a minor owned or controlled the dog
Evidence that matters
What we work to preserve and obtain early, because this proof tends to disappear with time.
- Photographs of the wounds at every stage of healing
- Animal control and law enforcement reports, plus the dog’s bite history
- Identification of the owner, the property and the applicable insurance policy
- Complete medical records, including plastic surgery and infection treatment
- Witness statements about whether the dog was restrained, leashed or confined
Do not wait on the deadline
California generally allows two years to bring a personal injury or product liability claim under Code of Civil Procedure § 335.1, and two years from the date of death in a wrongful death case. Shorter deadlines apply when a government entity is involved, and deadlines can be extended for injured children. Exceptions are fact-specific. Talk to us before you assume anything about your own timeline.
Answers
Dog Bites: common questions
Injured by dog bites? Let us review it at no cost.
A conversation costs you nothing and there is no obligation. No fee unless we recover compensation for you. In some matters a client may still be responsible for case costs and expenses, and we will explain exactly how that works before you decide to hire us.