Treat the wound properly
Emergency or urgent care the same day, even for a bite that looks small. Infection and nerve damage are diagnosed early or badly.
Personal injury
California does not give a dog one free bite. If a dog bit you or your child in a public place or anywhere you had a right to be, the owner is responsible whether or not the dog had ever bitten before. The consultation is free.
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The law
Civil Code 3342 makes the owner of a dog liable for the damages suffered by any person bitten while in a public place or lawfully in a private place, including the owner’s own property. It does not matter whether the dog had shown aggression before or whether the owner knew of any. You do not have to prove the owner was careless. You have to prove the bite, the injury, and that you were somewhere you were allowed to be.
The statute has limits. It applies to bites, not to a dog that knocks someone down or causes a fall; those injuries are still recoverable, but under ordinary negligence, which requires showing the owner failed to control the animal. The statutory rule requires lawful presence on private property. The exception for government police or military dogs is limited to the circumstances in 3342(b)–(d), and does not apply to a bite victim who was not involved or suspected of involvement in the conduct that prompted use of the dog. Other legal claims may also require review.
Sources: Civil Code 3342(a)–(d).
Who pays
Most dog-bite claims are paid by the owner’s homeowner’s or renter’s insurance, which typically covers injuries the policyholder causes to others. Some policies exclude particular breeds or dogs with a bite history, and some owners have no coverage at all, which is why identifying the owner and the policy in the first days matters more than in a car crash, where a policy is presumed.
A landlord is not automatically responsible for a tenant’s dog. California courts hold a landlord liable only when the landlord actually knew the dog was dangerous and had the power to remove it, for example by enforcing the lease. Property managers who received prior complaints are the usual route to that proof.
The owner will look for a share of fault. Provoking the animal, ignoring a warning, or reaching over a fence are the arguments, and California’s comparative fault rule reduces a recovery by any share a jury assigns. A young child is held to a child’s standard, not an adult’s.
The injury
Bites tear rather than cut. Puncture wounds infect easily, facial bites on children often need plastic surgery and revision as the child grows, and nerve and tendon damage to hands can be permanent. The psychological injury is real and, in children, common: fear of dogs, nightmares, and anxiety about going outside are compensable harms when a treating professional documents them.
Because scarring matures over a year or more, a dog-bite claim presented in the first weeks is almost always presented too early. The claim should be valued when the treating physicians can say what the permanent result will be.
What is at stake
The report
Report the bite to Long Beach Animal Care Services, or to the animal control agency for the city where it happened. California requires a dog that bites a person to be quarantined for ten days for rabies observation, and the bite report is what starts that process. The report also fixes the owner’s identity, the dog’s vaccination status, and any prior bite history, all of which the insurer will otherwise dispute.
If the bite happened at a rental, a business, or a park, ask for the incident report there as well. Get the names of anyone who saw it and photograph the wound the same day, then again as it heals.
Deadlines
A lawsuit must be filed within two years of the bite under Code of Civil Procedure 335.1. For a minor, the two years generally do not begin to run until the child turns 18, but the evidence does not wait: the owner moves, the dog is rehomed, and the witnesses forget. Report and document now even if the lawsuit is years away.
The first days
Emergency or urgent care the same day, even for a bite that looks small. Infection and nerve damage are diagnosed early or badly.
Name, address, phone, and whether the dog is vaccinated. If the owner refuses, the animal control report is the way to get it.
Long Beach Animal Care Services or the local agency. Ask for the report number and the quarantine result.
The wound on day one and as it heals, torn clothing, and the place it happened, including any fence, gate, or leash.
An owner or insurer offering to pay the emergency bill in exchange for a release is asking you to give up the scar before you know what it will look like.
The office
The office identifies the owner and every available policy, obtains the animal control file and any prior complaints, and documents the injury through to the point where treating doctors can describe the permanent result. Claims involving children are handled with the court approval a minor’s settlement requires. When the insurer’s number does not reflect the scar, the case is filed in Los Angeles Superior Court.
The office has represented injured people in Long Beach and across Los Angeles County for nearly three decades. The firm now has offices in Long Beach and Downey, and speaks Spanish.
Frequently asked questions
The claim is presented to their homeowner’s or renter’s insurer, which is what the policy exists for. A lawsuit is filed only if the insurer refuses to pay what the injury is worth, and even then it is normally the insurer, within the policy’s limits, that pays.
No. Provocation is a comparative fault argument that can reduce a recovery, and a young child is judged by what a child of that age would understand. The owner still has to prove it.
Not under the strict-liability statute, which is limited to bites, but the owner can still be liable for failing to control the dog. Leash rules and the owner’s knowledge of the dog’s behavior become the evidence.
The two-year limitations period generally does not start until the child turns 18, but a claim should be documented and presented much sooner. Any settlement for a minor is reviewed and approved by the court, which protects the child’s recovery.
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$480,000
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$360,000
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Client experiences
Patrick and his staff were very helpful with taking care of all the bills and legalities, so we can focus on healing.
Got my money and my vehicle fixed. Don’t hesitate to give them a call.
Patrick helped me with a dog bite case. He was able to get me more than I expected and was easy to work with. … I would recommend his services.
Patrick is very reliable, trustworthy, and will definitely be able to help you out. Cost is very reasonable.
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