In California, the dog’s owner is almost always the liable party when their animal bites someone. The state follows a strict liability rule, which means the owner is on the hook even if the dog has never shown aggression before and the owner did nothing wrong.
Strict Liability and Negligence Claims for Dog Bites
California Civil Code Section 3342 holds dog owners strictly liable for bites that happen in public places or when a victim is lawfully on private property. A bite victim does not have to prove the owner was careless to recover compensation, as long as a few basic conditions are met:
- The injury came from an actual bite, not a nail scratch or knockdown
- The victim was in a public place or lawfully on private property
- The owner of the dog can be identified
- The bite caused measurable harm
When strict liability does not apply, a negligence claim may still be an option. In a negligence claim, the victim must show that the owner knew or should have known the dog posed a risk and failed to take reasonable steps to prevent the harm.
Possible Exceptions to These Liability Rules
Strict liability does not apply in every situation. California recognizes a handful of exceptions where a dog owner may not be held responsible for a bite, depending on the circumstances at the time of the incident. These include:
- Trespassers on private property
- Police or military dogs performing their duties
- Victims who provoked the dog
- People who voluntarily assumed the risk, such as veterinarians
Possible Compensation for Dog Bite Injuries
A dog bite claim should cover the immediate costs of treatment and the long-term effects of the attack, with damages reflecting the full impact the personal injury has on your health, finances, and daily life. Recoverable compensation can include:
- Emergency room and hospital bills
- Reconstructive surgery and scar revision
- Lost wages during recovery
- Physical pain
- Fear
- Anxiety
- Depression
- Emotional distress
- Loss of enjoyment of life
- Physical impairment
- Disfigurement
A serious dog bite can make everyday tasks difficult or out of reach. Survivors may struggle to get dressed, care for a wound, sleep through the night, or return to work. Activities that once felt normal, including time with family, hobbies, and physical activity, can become painful or hard to manage during a long recovery.
The Connection Between Workers’ Compensation and Dog Bite Liability
Some dog bites happen on the job, especially for postal workers, delivery drivers, and home health aides working throughout Southern California. When a bite occurs during the course of employment, workers’ compensation may cover the victim’s losses regardless of who owned the dog.
Some benefits available through the California workers’ compensation system include:
- Medical treatment for the bite
- Temporary disability
- Permanent disability
- Vocational rehabilitation, if needed
- Death benefits for surviving family members
What to Do If You Sustain a Dog Bite Injury
The steps you take in the hours after a bite can shape your claim later on. Some key steps to take are:
- Get medical attention right away
- Report the bite to Santa Ana Animal Services or local animal control
- Photograph your injuries and the location of the attack
- Get the owner’s name, contact, and insurance information
- Collect names and numbers from any witnesses
California law gives dog bite victims two years from the date of the injury to file a personal injury claim under California Code of Civil Procedure Section 335.1. That window passes faster than most people expect, especially when medical treatment and recovery are consuming your attention.
Contact Cardona Law Firm to Discuss Your Dog Bite Injury Case
Dog bite injuries can be serious, and the questions that follow, about medical bills, lost income, and who is responsible, deserve clear answers from someone who handles these cases regularly. At Cardona Law Firm, clients have direct access to attorney Christian Cardona through the client portal and firm contact channels. He is personally involved in and oversees every case from start to finish, so you receive consistent communication and answers throughout the process.
Call (800) 511-9191 to schedule a free case review with a dog bite injury lawyer in California or reach out online to connect with our Santa Ana team today.
