Los Angeles Dog Bite Lawyer
The Impact of Dog Bite Incidents
What Happens After a Dog Bite
Understanding Dog Bite Incidents
The aftermath of a dog bite can be confusing and distressing. Victims may need immediate medical care, face emotional distress, and deal with the uncertainty of medical bills and lost wages. Navigating the legal and insurance processes can add to the stress during this challenging time. Not My Fault Law Group is here to guide you through every step.
Not My Fault Law Group is here to represent victims of dog bites, including:
- Incidents involving pet dogs
- Attacks by stray dogs
- Bites from service animals
- Multiple dog attacks
What the strict liability rule actually says
California is not a “one free bite” state. Civil Code § 3342(a) provides that the owner of any dog is liable for damages suffered by a person bitten by the dog while in a public place or lawfully in a private place, including the property of the dog’s owner, regardless of the former viciousness of the dog or the owner’s knowledge of that viciousness.
Three things follow from that sentence, and each one matters:
The dog’s history is irrelevant. The owner does not get a pass because the dog had never bitten anyone. This is what people mean when they say California has no “one free bite” rule.
The owner’s knowledge is irrelevant. You do not have to prove the owner should have known the dog was dangerous. That is the difference between strict liability and a negligence claim, and it is why these cases are often stronger than clients expect.
It applies on the owner’s own property. A guest, a delivery driver, a contractor, or a friend bitten inside the owner’s home or yard is covered, so long as they were lawfully there.
Section 3342 addresses the bite itself. A different rule applies when someone is hurt by a hazard on the property, such as a broken stair or a loose handrail, and those claims are covered on our page about injuries on unsafe property.
Where the statute does not reach
Being accurate about the limits protects your claim.
The bite requirement. Section 3342 applies to a person who is “bitten.” If a dog knocks you off a bike or off your feet and you break a wrist, that is a real claim, but it proceeds under ordinary negligence or under the common law rule for owners who knew their animal was dangerous. It is not a § 3342 strict liability claim. Different proof, same lawyer.
Lawful presence. The statute protects a person in a public place or lawfully in a private place. Someone who was trespassing generally falls outside it.
Provocation. Provocation is not written into § 3342. It comes in through comparative fault and assumption of risk. California uses pure comparative negligence, so even where some provocation is argued, recovery is reduced by the injured person’s share of responsibility rather than eliminated.
Police and military dogs. Section 3342(b) creates a limited exemption for governmental agencies using a dog in police or military work, where the dog was defending itself from provoking acts or assisting in an apprehension, investigation, warrant execution, or the defense of an officer. Two limits matter. Under § 3342(c) the exemption does not apply if the bitten person was not involved in and not suspected of involvement in the acts that prompted the dog’s use, which protects bystanders. Under § 3342(d) it applies only where the agency has adopted a written policy on appropriate dog use.
Who actually pays
Dog owners rarely pay these claims out of pocket. The usual source of recovery is a homeowner’s or renter’s insurance policy, which typically includes personal liability coverage that extends to a dog bite.
- A claim against a friend, a neighbor, or a family member is in substance a claim against an insurance company, not against that person’s savings.
- Some policies exclude specific breeds or exclude an animal with a documented bite history. The policy language controls.
- Where there is no policy, or an exclusion applies, recovery may depend on the owner’s assets, and sometimes on a landlord where the landlord knew of a dangerous animal on the property.
Claims involving children
Children are bitten on the face, head, and neck far more often than adults are, simply because of height. That changes the case in two ways.
Scarring and future treatment. A facial scar on a growing child may require revision surgery years later. The value of the claim depends on a future care picture that is not knowable at the time of the bite, which is a reason not to settle quickly. Photograph the injury at every stage of healing.
The deadline is different. Under Code of Civil Procedure § 352(a), the time a person is under the age of majority does not count toward the limitations period. The clock does not run against a child in the ordinary way. That does not make waiting a good idea, because evidence and witness memory decay, but it does mean a family who did not act immediately has not necessarily lost the claim. Note that § 352(b) excludes claims that require presentation of a government claim.
Deadlines
The general deadline for a personal injury action in California is two years from the date of injury under Code of Civil Procedure § 335.1. If a public entity is involved, a written claim generally must be presented within six months under Government Code § 911.2, and the minority tolling in § 352 does not extend that presentation requirement.
What to do after a bite
- Get medical attention. Dog bites carry a high infection risk and puncture wounds are deceptive.
- Report the bite to animal control or the local health department. That report creates the official record of the animal and its vaccination status.
- Identify the owner and get their contact and insurance information.
- Photograph the wound immediately and at each stage of healing.
- Get witness names.
- Keep every bill, discharge instruction, and out of pocket receipt.
- Do not give a recorded statement to the owner’s insurer before speaking with an attorney.
How We Handle These Cases
Not My Fault Law Group's Approach
At Not My Fault Law Group, we’re committed to providing compassionate and aggressive representation in Dog Bite incident cases. Our approach includes:
- Thorough investigation and evidence gathering
- Aggressive representation in court
What to Expect During the Process
Initial consultation
Evidence Gathering
Litigation
Settlement or Trial
Finding Justice and Closure
Frequently Asked Questions
Does California have a one free bite rule?
No. Under Civil Code section 3342 a dog owner is strictly liable for a bite regardless of the dog's prior viciousness or the owner's knowledge of it. The first bite counts.
The dog had never bitten anyone before. Do I still have a claim?
Yes. Section 3342 imposes liability regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.
I was bitten inside the owner's home. Does that matter?
Not if you were lawfully there. Section 3342(a) expressly includes the property of the owner of the dog.
Who pays a dog bite claim?
Usually a homeowner's or renter's insurance policy, which typically includes personal liability coverage. A claim against a friend or neighbor is in practice a claim against their insurer.
My child was bitten and it happened a while ago. Is it too late?
Not necessarily. Under Code of Civil Procedure section 352(a), the period during which a person is a minor does not count toward the limitations period. Speak to a lawyer promptly anyway, because evidence degrades.
The dog knocked me down but did not bite me. Is that covered?
Not by the section 3342 strict liability rule, which applies to a person who is bitten. A knockdown injury is still a valid claim, but it proceeds under ordinary negligence or the common law rule for owners who knew their dog was dangerous.
What if the owner says I provoked the dog?
Provocation is not part of section 3342. It is raised through comparative fault. California applies pure comparative negligence, so recovery is reduced by your share of responsibility rather than barred.