Daniel Petrov | March 25, 2025 | Premises Liability
Dog bites can result in serious physical and emotional trauma, leaving victims with mounting medical bills, lost wages, and lasting psychological distress. If you or a loved one has been bitten by a dog in California, you may be wondering who is responsible and how to seek compensation for your injuries.
At Petrov Personal Injury Lawyers, we understand the pain and frustration that follows a dog attack. Our experienced legal team has helped numerous victims in San Diego and throughout California navigate the complexities of dog bite laws to secure the compensation they deserve.
Understanding California’s Strict Liability Law
Unlike some states that require proof of negligence, California imposes strict liability on dog owners for bites under California Civil Code Section 3342. This means that a dog owner is legally responsible for injuries their dog causes, regardless of whether the dog has previously exhibited aggressive behavior.
- No Need to Prove Negligence: A victim does not have to prove that the owner was negligent or knew the dog was dangerous. The mere fact that a bite occurred is sufficient to establish liability under California Civil Code § 3342(a).
- Applies to Public and Private Property: The law applies if the bite occurs in a public place or while the victim is lawfully on private property. According to California Civil Code § 3342(a), an owner is responsible if their dog bites someone in these locations.
- Excludes Trespassers: If the victim was unlawfully on private property, the owner may not be held liable.
- Excludes Police and Military Dogs: If a trained police or military dog bites someone while performing official duties, strict liability does not apply.
While strict liability makes it easier for victims to claim compensation, the legal process can still be complex. A skilled local personal injury attorney can help gather evidence, negotiate with insurance companies, and ensure you receive a fair settlement.
When Is a Dog Owner Not Liable for a Bite?
Although California’s strict liability law generally favors victims, there are certain circumstances where an owner may not be held responsible, including:
- The victim was unlawfully on private property (trespassing), as specified in California Civil Code § 3342(b).
- The victim provoked the dog, such as by teasing, hitting, or abusing the animal. Provocation can be a valid defense under California Civil Jury Instructions (CACI) No. 463.
- The dog was acting in self-defense to protect its owner from a perceived threat.
- The bite occurred during an official police or military operation, which is exempted under California Civil Code § 3342(e).
If you are unsure whether you qualify for compensation, the team at Petrov Personal Injury Lawyers can evaluate your case and determine the best course of action.
Can You Sue Someone Other Than the Dog Owner?
In certain cases, other parties may be held responsible for a dog bite injury, including:
- Landlords: If a landlord knew a tenant’s dog was dangerous but failed to act, they may be liable under California premises liability laws and Civil Code § 1714, which holds property owners responsible for dangerous conditions.
- Dog Sitters or Caretakers: If someone else was in control of the dog at the time of the attack, they may share responsibility.
- Property Owners: If a property owner allowed a dangerous dog on their premises, they could be liable under California premises liability laws.
Determining third-party liability requires a thorough investigation. Our legal team will explore all potential sources of compensation to maximize your recovery.
What Damages Can You Recover in a Dog Bite Claim?
If you’ve suffered a dog bite in California, you may be entitled to compensation for both economic and non-economic damages, including:
- Medical Expenses: Covers emergency care, surgeries, medications, therapy, and any necessary future treatments.
- Lost Wages: Compensation for income lost due to the injury, including reduced earning capacity if you are unable to return to work.
- Pain and Suffering: Financial relief for physical pain, emotional distress, and trauma caused by the attack.
- Scarring and Disfigurement: Additional compensation for permanent scars or injuries that affect appearance.
- Property Damage: If personal belongings, such as clothing or accessories, were damaged in the attack, you may be eligible for reimbursement.
The amount of compensation varies depending on the severity of the injuries and their long-term impact on your health and well-being. Our attorneys can assess your case and ensure you receive the maximum compensation available under California’s personal injury laws.
What to Do After a Dog Bite in California
Taking the right steps immediately after a dog bite can help protect your health and legal rights:
- Seek Medical Attention: Even minor bites can lead to infections or complications.
- Identify the Dog and Owner: Obtain contact details and vaccination records from the owner.
- Report the Incident: Notify local animal control or law enforcement.
- Gather Evidence: Take photos of your injuries, document the location of the attack, and obtain witness statements if possible.
- Avoid Speaking with Insurance Companies: Insurance adjusters may attempt to minimize or deny your claim.
- Contact a Personal Injury Lawyer: A lawyer can guide you through the legal process, ensure you receive fair compensation, and process your personal injury claim within the required time frame.
Contact Our California Dog Bite Attorneys at Petrov Personal Injury Lawyers Today
Dog bites can lead to serious injuries, costly medical treatments, and lasting trauma. While California’s strict liability laws favor victims, navigating insurance claims and legal procedures can be overwhelming.
At Petrov Personal Injury Lawyers, we are committed to protecting the rights of personal injury victims in San Diego and throughout California. Contact us today to schedule a free consultation and get the legal support you need.