A dog bite can happen in an instant — on a walk, at a friend’s house, or even while making a delivery — and the injuries range from minor puncture wounds to severe scarring, nerve damage, or infection. California law is unusually favorable to bite victims compared to many other states, and understanding why matters for your claim.
California Is a Strict Liability State
Under California Civil Code § 3342, a dog owner is liable for injuries their dog causes by biting someone, regardless of whether the owner knew the dog was dangerous. This is called “strict liability,” and it means you do not have to prove the owner was careless or that the dog had bitten before — unlike the “one bite rule” used in many other states. To recover under this law, you generally need to show you were bitten while in a public place, or lawfully on private property (for example, as an invited guest, or performing a duty like mail delivery or a utility inspection).
When Strict Liability Doesn’t Apply
- If you provoked the dog (for example, by hitting or teasing it)
- If you were trespassing unlawfully on the owner’s property
- Bites by police or military dogs acting in the line of duty, under certain circumstances
Even in these situations, a general negligence claim may still be possible depending on the facts.
Common Dog Bite Injuries
- Puncture wounds and lacerations
- Nerve and tendon damage
- Facial injuries and scarring, especially in children
- Infection, including risk of rabies or other bacterial infections
- Emotional trauma, particularly in young children
What to Do After a Dog Bite
- Seek medical attention right away — dog bites carry a real infection risk even when they look minor.
- Get the dog owner’s contact and insurance information (many homeowner’s and renter’s policies cover dog bite claims).
- Report the bite to local animal control or the police.
- Photograph your injuries and the location where the bite occurred.
- Get contact information from any witnesses.
- Avoid giving a recorded statement to an insurance company before speaking with an attorney.
Frequently Asked Questions
Do I have to prove the dog was dangerous before? No. California’s strict liability law under Civil Code § 3342 holds owners responsible for a bite even if the dog never showed aggression before. What if I was on the dog owner’s property? You’re covered as long as you were lawfully there — as an invited guest or performing a duty like a delivery. Trespassers generally are not protected under this statute. How long do I have to file a dog bite claim in California? Generally two years from the date of the bite, under California Code of Civil Procedure § 335.1. Will the dog owner’s insurance cover my claim? Often, yes — many homeowner’s and renter’s insurance policies include liability coverage for dog bites, which is typically how these claims get paid. What does it cost to hire a dog bite lawyer? We work on contingency: no fee unless we win. If you or a loved one has been bitten by a dog in Los Angeles, Beverly Hills, or anywhere in California, contact The Law Office of Joshua P. Koshki for a free consultation. Free consultation. No fee unless we win.
Serving These California Communities
We help injury victims throughout the Los Angeles area and across California, including:
