Why Understanding Dog Bite Laws Matters Before You Call an Attorney
When you need a dog bite accident lawyer, understanding the legal landscape helps you make informed decisions. Here’s what you need to know:
Key Legal Facts:
- California follows strict liability – dog owners are responsible regardless of the dog’s history
- You have 2 years from the bite date to file a claim
- Victims can recover medical costs, lost wages, and pain and suffering
- No upfront legal fees – attorneys work on contingency
Dog bites are more common than people realize. Over 4.7 million Americans are bitten by dogs annually, with children aged 5-9 making up half of all victims. About 20% of these bites require medical attention.
Physical injuries from dog attacks can be severe, including puncture wounds, nerve damage, and permanent scars. The psychological trauma, such as fear and anxiety around dogs, can be just as lasting.
The financial burden is also overwhelming. Medical bills and lost wages add to the stress. The average dog bite claim amounts to over $30,000, but many cases are worth significantly more.
If a dog has bitten you in California, you have legal rights. This guide covers the immediate steps to take, California’s strict liability law, who can be held responsible, and how a lawyer can help you get compensation.
Easy Dog bite accident lawyer glossary:
First Steps to Take After a Dog Bite Incident
A dog bite happens fast, and the moments immediately following an attack are critical for both your health and your legal rights. Here are the steps to take.
Your health is the priority. Seek medical attention right away, even for a bite that looks minor. Dog mouths contain bacteria that can cause serious infections like Staph, MRSA, and Pasteurella. There’s also a risk of rabies and tetanus. If the dog’s vaccination history is unknown, doctors may recommend preventative shots.
After getting medical care, document everything while the details are fresh. Take photos of your injuries from multiple angles, as these are crucial evidence. If possible, also photograph the dog, its owner, the location of the attack, and any torn clothing or blood stains.
Gather witness information. Get names and phone numbers from anyone who saw the attack. Their testimony can be vital to your case.
Next, report the bite to your local animal control agency and the police. This creates an official record of the incident, which a dog bite accident lawyer will find incredibly valuable for your case.
Dog attack injuries can be life-changing. Puncture wounds can be deep and carry bacteria into your tissue. Lacerations often need stitches and can leave permanent scars. Some victims suffer nerve damage, which can cause loss of feeling or movement, or broken bones from the force of the attack.
The emotional trauma is also significant. Many bite victims, especially children, develop a lasting fear of dogs, anxiety, or even PTSD.
Scarring and disfigurement are common results. In 2012, more than 27,000 people needed reconstructive surgery after dog bites, often involving multiple procedures and long recovery periods.
Taking these first steps provides a strong foundation for your case. For more detailed guidance, check out our comprehensive resource: More info about what to do after a dog bite.
Understanding California’s Strict Liability Dog Bite Law
California’s dog bite laws are very favorable to victims. Understanding strict liability is key to your case.
Under California Civil Code § 3342, dog owners are responsible for any damages their dog causes. The dog’s past behavior is irrelevant; the owner is liable even if they didn’t know the dog was aggressive. This differs from states with a “one-bite rule,” where an owner might not be liable for a first-time bite. In California, there is no “free pass.” The owner is responsible for the first bite and every bite after.
This rule simplifies your case. You only need to prove the dog bit you and caused your injuries, not that the owner was negligent. A key condition is that you were lawfully present where the bite happened. This includes public places or being on private property legally (e.g., as a guest or for work). The rule generally doesn’t apply if you were trespassing. An exception also exists for military and police dogs performing their duties.
For more details on these laws, see our guide: More info about CA dog bite law
The Statute of Limitations for Filing a Claim
While strict liability helps, you must meet a critical deadline: the two-year statute of limitations. You have two years from the bite date to file a lawsuit. Missing this deadline, set by the California Code of Civil Procedure, means you will likely lose your right to compensation permanently.
Two years can pass quickly while you’re recovering. Insurance companies know this and may delay proceedings, hoping you’ll miss the deadline. Acting quickly is vital. Consulting a dog bite accident lawyer early protects your options and ensures all paperwork is filed on time. You can read the official statute here: Official statute of limitations code.
The Role of Provocation in a Defense
Despite strict liability, owners and insurers may argue you provoked the dog to reduce their payout. Provocation means your actions contributed to the bite, such as teasing or tormenting the dog or invading its space. It can even be unintentional, like a child trying to hug a strange dog.
However, provocation doesn’t automatically void your claim. California uses comparative negligence, meaning your compensation is reduced by your percentage of fault, not eliminated. For example, if you are found 20% at fault for $100,000 in damages, you could still recover $80,000. An experienced dog bite accident lawyer can challenge provocation claims and minimize their impact on your compensation.
Who Can Be Held Liable for a Dog Bite in California?
After a dog attack, determining responsibility can be complex. While the owner is the primary liable party, California law allows for others to share responsibility.
Dog Owner Liability
Under California’s strict liability law, the dog’s owner is the primary party held responsible. If their dog bites someone who is lawfully present, the owner is liable for damages, regardless of the dog’s past behavior. The law places the burden on owners to control their animals and prevent attacks.
“Keeper” of the Dog
What if the person watching the dog wasn’t the owner? A dog sitter, family member, or friend temporarily caring for the animal is known as a “keeper.” A keeper can also be held liable, but under negligence claims rather than strict liability. This requires proving they acted carelessly, leading to your injury. For instance, if a dog sitter knew the dog was dangerous but let it run loose, they could be found negligent.
Landlord Liability
In some cases, landlords can be held responsible for a tenant’s dog. Property owners can face liability if they knew or should have known a dangerous dog was on their property and had the power to act but failed to do so. This applies if the landlord ignored complaints about an aggressive dog and had the legal right to intervene (e.g., by enforcing the lease).
Proving landlord liability requires showing they had actual knowledge or constructive knowledge of the danger and the ability to intervene. This area of law is complex. A dog bite accident lawyer can investigate all potential sources of liability, which is crucial if the owner lacks sufficient insurance to cover your damages. Identifying everyone who might be liable gives you the best chance of receiving full compensation. For more detailed information about liability in Orange County cases, check out: More info about liability in Orange County
How a Dog Bite Accident Lawyer Can Help Your Case
After a dog attack, you face physical wounds, medical bills, and legal questions. A dog bite accident lawyer can be your advocate during this difficult time.
We work to ensure you get the compensation you deserve, including for hidden and future costs like additional surgeries or ongoing therapy. Insurance companies often offer unrepresented victims a fraction of what their claim is worth, sometimes as low as 10-20% of the actual damages. We fight to prevent this.
We act as a buffer between you and insurance adjusters, protecting you from pressure tactics and low settlements. They must deal with us directly.
Building a strong case involves thorough investigation. We gather police and animal control records, interview witnesses, and consult medical professionals. We uncover hidden histories of aggression and identify all liable parties, such as landlords. We manage the complex legal procedures and deadlines, handling all paperwork and court filings. This allows you to focus on healing while we manage your case from start to finish. For more information on working with an attorney, please visit: More info about working with an attorney
Recoverable Damages a Dog Bite Accident Lawyer Pursues
Your compensation should reflect all the ways a dog bite has affected your life. We pursue damages for both obvious and hidden costs.
- Medical treatment costs include current and future medical expenses, from emergency care to future plastic surgery or long-term physical therapy.
- Lost income covers time missed from work. We also pursue compensation for reduced earning capacity if the injury affects your long-term ability to earn.
- Physical therapy and psychological counseling costs are also recoverable. Dog attacks can cause lasting anxiety, fear, or PTSD.
- Scar revision surgery, especially for facial injuries, is common and can be very expensive.
- Pain and suffering compensates for non-economic impacts, such as physical pain, emotional distress, and loss of enjoyment of life.
Navigating Insurance with a Dog Bite Accident Lawyer
Most dog bite claims are paid by the owner’s homeowner’s or renter’s insurance. These policies usually have liability coverage for dog-related injuries. However, insurance companies are businesses focused on minimizing payouts. They may question your injuries, claim you provoked the dog, or offer a quick, low settlement.
A dog bite accident lawyer handles all communication with the insurance company. This prevents them from pressuring you. We present a well-documented case proving the full value of your claim, including future costs, lost wages, and pain and suffering. Adjusters know they cannot lowball a victim who has legal representation.
If an insurer refuses a fair settlement, we are prepared to file a lawsuit. With over 25 years of experience in complex cases, we are ready for litigation. Insurers negotiate more seriously knowing we are willing to go to trial.
Frequently Asked Questions about Dog Bite Claims
It’s natural to have questions after a dog bite. Here are answers to some of the most common ones we hear.
What if the dog had never bitten anyone before?
In California, it doesn’t matter if the dog had never bitten anyone before. The state’s strict liability law (Civil Code § 3342) makes the owner responsible for your injuries regardless of the dog’s history of aggression. Unlike states with a “one-bite rule,” California law holds owners responsible from the start. This strong protection means you don’t have to prove the owner knew their dog was dangerous. Being bitten while lawfully present is enough to establish their liability. You can read more about the specific legal code here: California’s dog bite law explained.
How much is my dog bite case worth?
Every case is different, and its value depends on several unique factors. Injury severity is a major factor. Medical costs, both current and future, are calculated. Lost income and future earning capacity are also considered. Scarring and disfigurement, especially on visible areas, and emotional trauma like anxiety or PTSD, are also key components of a claim’s value. While the average claim is over $30,000, severe injuries can lead to much higher settlements. A dog bite accident lawyer will evaluate all these factors to determine your case’s full value.
Do I have to pay a lawyer upfront?
No. You do not pay any upfront fees. We work on a contingency fee basis, which means “no win, no fee.” Our payment is contingent on winning your case. If we don’t recover money for you, you owe no legal fees. When we win, our fee is a percentage of the compensation recovered. This arrangement ensures everyone can access legal representation, regardless of their financial situation.
Conclusion
A dog bite can instantly disrupt your life, leaving you with painful injuries, medical bills, and lasting emotional trauma. The good news is that you don’t have to face this alone, and California law offers strong protections for victims.
Acting quickly is crucial. Seek immediate medical attention, document your injuries and the scene, gather witness information, and report the bite to animal control and the police. These steps are foundational to a strong case.
California’s strict liability law is on your side. Unlike in states with a “one-bite rule,” California dog owners are responsible for any bite that occurs while you are lawfully on a property, regardless of the dog’s past behavior. This simplifies proving your case. Remember the non-negotiable two-year statute of limitations. Missing this deadline means you could lose your right to compensation forever.
Liability can extend beyond the owner to keepers or even landlords. Identifying all responsible parties is key to maximizing your compensation.
A dog bite accident lawyer is invaluable in this process. We manage the legal complexities and fight insurance company tactics that aim to underpay claims. We calculate your full damages, including medical costs, lost wages, and pain and suffering, to ensure you are treated fairly.
At Adam Krolikowski Law Firm, we have over 25 years of experience helping accident victims. We handle complex cases on a contingency fee basis, so you pay nothing unless we win. You deserve fair compensation for what you’ve endured, and we are here to help you get it.
If you’ve been bitten in Orange County, Santa Ana, Los Angeles, or nearby areas, don’t wait. Contact a dog bite lawyer in Orange County for a consultation today. Let us handle the legal fight while you focus on recovery.