A dog bite can happen in a place you trust – your neighborhood, a friend’s yard, or a walk around the block. You don’t expect it and don’t always see it coming. But once it happens, you’re left with wounds, questions, and stress, and understanding dog bite laws in California can be crucial as you figure out your next steps.
Dog bites can cause serious physical injury, emotional trauma, and expensive medical bills. California law holds dog owners responsible in many situations. Still, the rules have limits, and timing matters, especially when you’re wondering what happens if my dog bites someone and how quickly you need to act.
Huntington Beach dog bite lawyers work with people in your exact position. Before you decide what to do next, it helps to know how California’s dog bite laws work and what a personal injury claim might involve.
What Is California’s Dog Bite Law?
California uses a strict liability statute, which means the dog’s owner will be responsible for a bite, even if the dog never acted aggressively before. You won’t need to prove negligence or a history of bad behavior. You only need to show that the dog bit you and that you had a legal right to be where you were.
The law applies to incidents in public places like parks, sidewalks, or beaches, and on private property if the victim had permission to be there. This rule in California Civil Code Section 3342 holds the owner liable “regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”
Some exceptions may apply. If the dog was working in a police or military role, the law might not cover the incident. Owners may also raise defenses based on provocation or trespassing. But in most cases, if a dog bites you, California law will give you a path to hold the owner accountable.
Steps to Take After a Dog Bite in California
You’ll want to act quickly after a dog bite – not just to protect your health, but to preserve your right to file a claim. Some injuries may not show how serious they are right away. Others may lead to infection or nerve damage if you don’t get proper treatment.
Here’s what to do:
- Collect Information – Get the dog owner’s name, phone number, address, and insurance details. Ask for the dog’s vaccination history if you can.
- Take Photos – Document your injuries, the location, and anything else that might support your case – ripped clothing, a broken fence, a missing leash, or nearby witnesses.
- Get Medical Help – Go to an urgent care clinic, your doctor, or the ER. Let them clean and document the wound. Even minor bites can carry bacteria that lead to serious infections.
- Report the Bite – Tell your local animal control office what happened. They’ll create an official report, which can help if the dog has a history of biting or if the case needs further investigation.
- Talk to a Personal Injury Attorney – California’s strict liability rule may sound simple, but these cases can still get tricky. A lawyer will help you collect records, work with your doctors, and deal with the insurance company on your behalf.
What Can Victims Recover in a Dog Bite Lawsuit?
The damage can run deeper than the wound when a dog bites someone. Some bites need surgery, skin grafts, or months of physical therapy. Some victims carry scars, nerve damage, or anxiety that lasts for years.
A personal injury claim will focus on what the bite took from you, and how to recover what you’ve lost. Common damages in these cases include:
- Medical expenses, including hospital bills, surgery, medication, and therapy
- Pain and suffering, both physical and emotional
- Lost wages or lost earning ability if you missed work or had to change jobs
- Property damage, such as torn clothing or broken items
If the dog owner acted with extreme negligence – such as letting a known dangerous dog roam off-leash – you may also seek additional damages under hazardous dog laws. A lawyer will gather evidence to show whether the owner violated leash laws, ignored prior warnings, or failed to take reasonable steps to control the animal.
What Defenses Might the Dog Owner Use?
Strict liability doesn’t guarantee a payout. Dog owners and their insurers will look for ways to challenge your claim, most often by arguing provocation or trespassing.
If they claim you provoked the dog, they must show you teased, hit, or threatened it. Accidental contact or just walking nearby usually won’t count. Trespassing occurs when someone enters private property without permission, but that won’t apply to guests, delivery workers, or mail carriers.
Owners may also question how severe your injury negligence is or claim you waited too long to get care. That’s why fast action and clear records will matter from the start.
Public vs. Private Property Rules
California dog bite laws apply to public and private property, as long as the victim had a legal right to be there. However, how the law applies can depend on where the bite happened.
Owners must always control their dogs on public property, like sidewalks or parks. If the dog isn’t on a leash or gets loose, the owner will likely face liability.
The rules shift slightly on private property. The victim must have had permission to be there, either express or implied. That includes tenants, customers, mail carriers, and guests. If you were lawfully on the property and the dog bit you, the owner will likely be responsible.
Talk to Huntington Beach Dog Bite Lawyers Right Away
If a dog or someone you care about hurts you, we know how much that moment can shake you. At DJA Injury Attorneys, we’ve seen how these injuries affect people physically, emotionally, and financially.
We’ll work with your doctors, gather what we need to build a strong case, and ensure you never feel left in the dark. We won’t rush you or push you into a quick settlement. We’ll take this one step at a time, together.
Our team is here to help you understand your rights and take the first step toward securing the necessary benefits. Call us today at (949) 229-7228 to speak with one of our Huntington Beach dog bite lawyers and schedule your free consultation.