Petrov Personal Injury Lawyers | January 5, 2026 | Personal Injury
Dog bites can cause serious injuries that lead to lasting pain, scarring, and emotional trauma. While California law generally holds dog owners strictly liable for bite injuries, pursuing a claim still requires careful handling. Simple mistakes early on can weaken your case or reduce your compensation.
At Petrov Personal Injury Lawyers, we help victims across San Diego County recover after dog attacks and other personal injuries. Here are ten common missteps to avoid if you’re considering legal action after a dog bite.
1. Not Getting Medical Attention Right Away
Even if the bite seems minor, always get checked by a doctor. Dog bites can cause infections, nerve damage, or other complications that aren’t visible right away. Medical records also provide crucial evidence that connects your injury directly to the attack.
2. Failing to Identify the Dog and Owner
One of the most common mistakes is leaving the scene without confirming who owns the dog. Without that information, filing a claim becomes much harder. If possible, take a photo of the dog, get the owner’s name and contact details, and note where the incident occurred.
3. Not Reporting the Incident
Under California law, dog bites should be reported to local animal control or the police. This helps create an official record and ensures the dog is properly quarantined or investigated if needed.
4. Apologizing or Accepting Blame
Out of politeness or shock, some people apologize after an incident—even when they’re not at fault. Avoid saying anything that could be interpreted as admitting blame. Stick to the facts when speaking to authorities or the insurance company.
5. Failing to Document Injuries and the Scene
Take clear photos of your wounds right after the attack and throughout the healing process. Capture the location, any visible hazards (like an open gate), and torn or bloodied clothing. These images can be powerful evidence later on.
6. Waiting Too Long to File a Claim
California gives most injury victims two years to file a claim, though evidence and witness details are easier to secure when you act quickly. Understanding California’s statute of limitations can help you avoid missing important deadlines.
7. Not Understanding Liability Rules
California is a strict liability state for dog bites. This means that an owner can be held responsible even if the dog has never shown aggression before. But there are exceptions—such as if the victim was trespassing or provoking the animal.
8. Relying Solely on the Insurance Company
Insurance companies often try to minimize payouts by downplaying injuries or blaming the victim. Before giving a recorded statement or signing anything, it’s smart to talk to a lawyer who can represent your best interests.
9. Overlooking Emotional or Psychological Harm
Dog attacks can be deeply traumatic, especially for children. Emotional distress, nightmares, and anxiety around animals are compensable damages in many cases. Be sure to document these effects with your doctor or therapist.
10. Not Seeking Legal Guidance
Dog bite claims can seem straightforward, but issues like shared fault, insurance limits, or missing records can complicate things fast. Having an attorney who understands California’s dog bite laws can help you recover what you’re owed and avoid common pitfalls.
Protecting Your Rights After a Dog Bite
A dog bite can affect more than your body. These cases are also about restoring your sense of safety and stability. Taking the right steps early helps you build a strong claim and focus on healing instead of fighting with insurance companies.
If you’ve been bitten by a dog in San Diego County, reach out to Petrov Personal Injury Lawyers for a free consultation. We’ll review your case, answer your questions, and guide you through every step of the process.
FAQs: California Dog Bite Lawsuits
1. Do I have to prove that the dog’s owner was negligent?
Not usually. California’s dog bite law is based on strict liability, which means owners are responsible even if the dog has never bitten before. However, proving where and how the bite happened can still be important for your claim.
2. What if the dog owner says I provoked the attack?
Provocation can affect your case, but it doesn’t automatically prevent recovery. Courts look at the situation carefully, especially if your actions were unintentional or taken in self-defense.
3. How long do I have to file a dog bite lawsuit in California?
Most victims have two years from the date of the attack to file a claim. If you’re unsure about the deadline for your case, reviewing California’s statute of limitations can help clarify your timeline.
4. Can I sue if the dog that bit me was a friend’s or neighbor’s pet?
Yes. These claims are typically handled through the owner’s homeowners or renters insurance. A lawyer can help you file a claim without creating unnecessary personal conflict.
5. What kind of damages can I recover after a dog bite?
You may be able to recover compensation for medical costs, lost wages, emotional trauma, and long-term scarring. Severe attacks may also justify higher damages for lasting pain or disability.
6. What should I do if a dog bites my child?
Seek medical care right away and report the bite to local animal control. Children’s claims are especially sensitive because injuries can be both physical and emotional.