What Are Your Legal Rights After A Dog Bite In California

A dog bite can change your life in a matter of seconds. What begins as an ordinary day can quickly turn into a medical emergency, followed by uncertainty about treatment, scarring, missed work, and who is responsible. Many people assume dog bite cases are straightforward. In California, the law is favorable to victims, but that does not mean the process is simple. Insurance companies still evaluate risk, challenge damages, and look for ways to reduce payouts.

Understanding your legal rights after a dog bite in California is the first step toward protecting your health and your financial future. Whether the injury happened in a neighbor’s yard, a public park, or while visiting a friend, you have specific rights under state law that exist to protect you. Knowing how those rights work can prevent costly mistakes and help you make informed decisions during a stressful time.

California’s Strict Liability Dog Bite Law

California follows a strict liability rule for dog bites. This means that a dog owner is generally responsible for injuries caused by their dog, even if the dog has never bitten anyone before and even if the owner did nothing wrong.

Under California Civil Code section 3342, a dog owner is liable when:

• The dog bites a person
• The person is lawfully in a public place or lawfully on private property
• The bite causes injury

Unlike many other states, you do not have to prove that the owner knew the dog was dangerous. You do not have to show negligence. You do not have to prove prior attacks. If the dog bites you and you were legally present, the owner is typically responsible.

This rule exists because lawmakers recognize that dog bites can be severe and unpredictable. The burden is placed on the owner because they are in the best position to control their animal.

Where The Law Applies And Common Exceptions

Strict liability applies in most everyday situations. If you are bitten while walking on a sidewalk, visiting a friend’s home, delivering a package, or entering a business, the rule usually applies.

There are limited exceptions. For example:

• If you were trespassing
• If you provoked the dog in a meaningful way
• If the dog was being used by law enforcement in the course of official duties

These exceptions are narrow. Ordinary behavior, such as petting a dog, walking past it, or entering a property with permission, does not remove your protection. Insurance companies sometimes argue provocation or trespass to reduce liability, which is why understanding the boundaries of the law matters.

What Damages You Are Entitled To Recover

Your legal rights extend beyond having medical bills paid. California law allows dog bite victims to recover for the full scope of harm caused by the attack.

That can include:

• Emergency care and hospitalization
• Follow-up medical treatment
• Plastic or reconstructive surgery
• Physical therapy
• Psychological counseling
• Lost income and reduced earning capacity
• Pain and suffering
• Emotional distress and trauma
• Scarring and disfigurement

Dog bite injuries are often more than puncture wounds. They can involve nerve damage, infection, torn tissue, and permanent scarring. Children are especially vulnerable because bites often occur on the face, head, or neck. Emotional effects such as fear, anxiety, and sleep disruption are also compensable.

Your right is not limited to what you have already paid. It includes what you are reasonably likely to need in the future.

Who Pays Your Claim After A Dog Bite

In most cases, dog bite claims are paid by the dog owner’s homeowners or renters insurance. These policies typically include personal liability coverage that applies when a resident’s dog injures someone.

This means your claim is usually against an insurance company, not directly against a friend or neighbor’s personal assets. That dynamic is important because many victims hesitate to pursue a claim out of concern for the relationship. In reality, insurance exists for exactly this type of event.

If the owner does not have insurance, your options may include:

• Pursuing a claim directly against the owner
• Using your own health insurance for treatment
• Exploring other potentially responsible parties

An attorney can help identify coverage and protect your ability to recover.

What You Should Do Immediately After A Dog Bite

Your rights begin at the moment of injury, but what you do in the hours and days that follow matters.

You should:

• Seek medical attention immediately
• Document the injury with photos
• Get the dog owner’s name and contact information
• Identify witnesses
• Report the incident to animal control or local authorities
• Keep copies of medical records and bills

Prompt treatment protects your health and creates a clear medical timeline. Reporting the incident creates an official record that can support your claim and prevent future harm.

Delays in care or missing documentation can be used by insurers to argue that the injury was not serious or that something else caused it.

How Comparative Fault Can Affect A Dog Bite Case

California uses a comparative fault system. While strict liability applies to the bite itself, insurers sometimes argue that a victim contributed to the incident through behavior such as teasing, ignoring warnings, or entering restricted areas.

Even in dog bite cases, insurers may attempt to reduce payouts by assigning partial fault. If they succeed, your compensation can be reduced by that percentage.

This is one reason legal representation can matter. Evidence, witness statements, and context often determine whether such arguments succeed. For how comparative fault is framed for juries in California, see CACI No. 405 Comparative Fault of Plaintiff.

Why Insurance Companies Still Challenge Dog Bite Claims

Even with strict liability, insurance companies analyze:

• The severity of the injury
• Whether the treatment was reasonable
• Whether scarring is permanent
• Whether emotional distress is documented
• Whether the victim contributed in any way

They may request recorded statements, question treatment choices, or argue that future care is unnecessary. The goal is to minimize exposure.

Your legal right is to be fully compensated, not merely reimbursed for urgent care.

How An Attorney Protects Your Rights

A dog bite attorney helps by:

• Preserving evidence early
• Coordinating medical documentation
• Identifying insurance coverage
• Valuing future treatment needs
• Handling communications with insurers
• Preventing damaging statements
• Negotiating from a position of strength

Most importantly, an attorney ensures that your claim reflects the full impact of the injury, not just the initial emergency visit.

Speak With Russell And Lazarus About Your Dog Bite Claim

If you or your child were bitten by a dog in California, you have legal rights designed to protect your recovery. Understanding those rights early can prevent mistakes that limit your options.

The attorneys at Russell & Lazarus APC represent injury victims throughout California and can help you understand how the law applies to your specific situation.

To learn more about your options, call (949) 851-0222 or visit Schedule A Free Case Review.