Dog Bite Injuries

Dog bites and animal attacks can cause serious physical injuries, permanent scarring, nerve damage, infections, and lasting emotional trauma. Children can be particularly vulnerable because bites frequently occur around the face, head, arms, and hands. If you or a family member was injured in an Orange County dog bite incident, understanding California dog bite law and the steps to take after an attack can help protect your health and your legal rights.

The Orange County dog bite lawyers at Russell & Lazarus APC represent adults and children injured in dog attacks throughout Newport Beach and communities across Orange County. Our attorneys have compiled answers to frequently asked questions about dog bite injuries, California strict liability laws, insurance claims, compensation, and the steps victims should consider after an attack.

If you have questions about an Orange County dog bite claim, review the resources below or contact our Newport Beach office to discuss your circumstances with an experienced Orange County personal injury attorney.

Common Orange County Dog Bite Questions

• Are there benefits to settling an Orange County dog bite claim outside of court?
• How much compensation may be available if I was attacked and bitten by my neighbor’s dog?
• What happens to a dog after someone is bitten in Orange County?
• What steps should I take to protect my rights after being bitten by someone else’s dog in Orange County?
• Can a child or adult experience emotional trauma after a California dog attack?
• Could I share responsibility for my California dog bite injuries?
• Can you get tetanus or another infection from a dog bite?
• What does strict liability mean under California dog bite law?
• What should I do if there is an aggressive dog in my Orange County neighborhood?
• What should a child do if attacked or threatened by a dog?

What Is California’s Dog Bite Law?

California has a strict liability law that applies to many dog bite cases. Under California Civil Code Section 3342, a dog owner can generally be held liable for damages suffered by a person bitten by the owner’s dog while the victim was in a public place or lawfully in a private place, including the dog owner’s property.

An important part of California’s dog bite law is that an injured person generally does not have to prove that the dog previously attacked someone or that the owner knew the dog was dangerous. This differs from the traditional “one-bite rule” associated with some other jurisdictions.

The circumstances of every attack still matter. Issues such as whether the injured person was lawfully on the property, whether the dog was provoked, whether another person controlled the animal, and whether an exception applies can affect a claim.

Is a Dog Owner Automatically Responsible for a Dog Bite in California?

California’s strict liability statute generally makes a dog owner responsible when the owner’s dog bites someone who is in a public place or lawfully on private property. The victim usually does not need to prove that the owner previously knew the dog had dangerous tendencies.

However, strict liability does not mean that every dog bite automatically results in compensation. The facts surrounding the incident must still be evaluated.

Issues that may affect liability can include:

• Whether the victim was lawfully on the property;
• Whether the victim was trespassing;
• Whether the victim intentionally provoked or harmed the dog;
• Whether the incident actually involved a bite;
• Whether someone other than the owner was controlling the dog;
• Whether the animal was being used for certain police or military functions; and
• Whether another legal theory applies to the attack.

An experienced Orange County dog bite attorney can investigate the circumstances and determine which California laws may apply.

Can I Recover Compensation if the Dog Never Bit Me?

California’s statutory strict liability rule specifically addresses injuries resulting from dog bites. However, an injured person may potentially have a negligence claim when a dog causes an injury without actually biting the victim.

For example, a large uncontrolled dog might chase a bicyclist and cause the rider to crash, knock a pedestrian to the ground, or jump on someone and cause a serious fall. Depending on the circumstances, liability may be based on whether the dog’s owner or another responsible person failed to use reasonable care to control the animal.

Can Someone Other Than the Dog Owner Be Responsible?

Although the dog owner is usually the primary party evaluated in a dog bite case, there are circumstances in which another person or entity may also be responsible.

Potentially responsible parties may include:

• A person who was caring for or controlling the dog;
• A property owner;
• A landlord in certain circumstances;
• A property management company;
• An employer under certain circumstances;
• A business where the attack occurred; or
• Another person or entity whose negligence contributed to the incident.

Claims against landlords and other third parties are different from California’s strict liability claim against a dog’s owner. These cases may require proof that the third party knew or should have known about a dangerous condition or dangerous dog and had sufficient ability or responsibility to address the danger.

What Should I Do After a Dog Bite in Orange County?

The first priority following a dog attack should be obtaining appropriate medical attention. Even a bite that initially appears minor can result in infection, nerve damage, tendon damage, scarring, or other complications.

After receiving necessary medical care, consider taking the following steps when possible:

• Identify the dog and its owner;
• Obtain the owner’s name, address, telephone number, and insurance information when available;
• Photograph the bite wounds and other injuries;
• Photograph the location where the attack occurred;
• Obtain contact information from witnesses;
• Keep damaged clothing and other physical evidence;
• Document medical appointments, treatment, and expenses;
• Report the incident to the appropriate local animal control authority when appropriate; and
• Avoid signing an insurance release before understanding the extent of your injuries.

Photographs taken throughout the healing process may be particularly important in cases involving scars or disfigurement because the appearance of an injury can change considerably over time.

What Injuries Can Result From a Dog Bite?

Dog attacks can cause significantly more damage than a superficial puncture wound. Depending on the size of the dog, location of the bite, duration of the attack, and age of the victim, injuries may require emergency treatment, surgery, reconstructive procedures, rehabilitation, or psychological care.

Common dog bite and dog attack injuries can include:

• Puncture wounds;
• Deep lacerations;
• Torn skin and tissue;
• Nerve damage;
• Tendon and ligament injuries;
• Broken bones;
• Crush injuries;
• Facial injuries;
• Eye injuries;
• Scarring and disfigurement;
• Infections;
• Fall-related injuries;
• Emotional trauma; and
• Other serious physical or psychological injuries.

Are Children at Greater Risk of Serious Dog Bite Injuries?

Dog attacks can be particularly serious for children. Because children are smaller and closer to a dog’s head level, they may suffer injuries to the face, head, neck, arms, and hands.

A serious dog attack can also create psychological effects that continue after the physical wounds heal. A child may develop fear of dogs, anxiety, nightmares, difficulty sleeping, avoidance behaviors, or distress when returning to the location where the attack occurred.

When evaluating a child’s dog bite claim, it may be important to consider future scar treatment, plastic or reconstructive procedures, counseling, and the long-term effects of visible scarring or emotional trauma.

Can I Recover Compensation for Scarring After a Dog Bite?

Yes, scarring and disfigurement can be significant components of a dog bite injury claim. Bites involving the face, neck, hands, arms, and legs may leave permanent visible scars even after appropriate medical treatment.

Depending on the severity of the injury, a victim may require treatment from a plastic surgeon, dermatologist, or other medical specialist. Future scar revision or reconstructive procedures may also need to be considered when evaluating damages.

Can I Recover Compensation for Emotional Trauma After a Dog Attack?

Potentially. Dog attacks can cause psychological and emotional injuries in addition to physical wounds. Some victims develop anxiety, fear of dogs, sleep problems, nightmares, embarrassment related to scarring, or other emotional difficulties following an attack.

Medical and mental health records can help document these effects when they are part of a personal injury claim.

What Damages May Be Available After an Orange County Dog Bite?

The compensation available depends on the severity of the injuries, medical treatment, lost income, long-term prognosis, scarring, emotional consequences, and other facts of the case.

Potential damages may include:

• Emergency medical treatment;
• Hospital expenses;
• Doctor and specialist visits;
• Plastic or reconstructive surgery;
• Medication;
• Physical therapy and rehabilitation;
• Psychological counseling;
• Future medical care;
• Past lost wages;
• Loss of future earning capacity;
• Damage to clothing or other personal property;
• Pain and suffering;
• Emotional distress;
• Scarring and disfigurement; and
• Other legally recoverable damages.

There is no standard settlement amount for a dog bite injury. Each claim should be evaluated based on the specific injuries, financial losses, available evidence, insurance coverage, and other circumstances.

What if the Dog Owner Is My Friend, Relative, or Neighbor?

Many people are hesitant to pursue a dog bite claim because the dog’s owner is a friend, family member, neighbor, or someone they know personally. Depending on the circumstances and policy terms, homeowner’s insurance, renter’s insurance, or another liability insurance policy may provide coverage for a dog bite claim.

Insurance coverage is not guaranteed, and policies may contain exclusions, limits, or other conditions. An attorney can investigate whether applicable insurance coverage exists and handle communications with the insurance carrier.

Should I Accept an Insurance Company’s Dog Bite Settlement?

An insurance company may offer a settlement before the full extent of a dog bite injury is known. This can be particularly important when a victim has facial injuries, nerve damage, infection, permanent scarring, or may need future reconstructive treatment.

Before signing a release, it is important to understand the extent of the injuries and anticipated future medical needs. Once a claim is fully settled and the appropriate release is signed, seeking additional compensation from the released parties may no longer be possible.

How Long Do I Have to File a Dog Bite Lawsuit in California?

In many California personal injury cases, including dog bite claims, a lawsuit generally must be filed within two years of the injury. However, exceptions can affect the applicable deadline.

Different rules may apply depending on the victim’s age, identity of the defendant, circumstances of the injury, and other legal factors. Claims involving a governmental entity can also involve significantly shorter administrative claim deadlines.

Because waiting can also result in lost evidence, unavailable witnesses, and difficulty documenting the attack, an injured person should consider having the applicable deadline evaluated well before the statute of limitations approaches.

Why Hire an Orange County Dog Bite Lawyer?

Even though California has a strict liability dog bite statute, an insurance company may still dispute the extent of the victim’s injuries, how the incident occurred, whether the victim was lawfully on the property, whether certain defenses apply, or how much compensation should be paid.

An Orange County dog bite lawyer can investigate the incident, identify the dog’s owner, obtain available animal control records, interview witnesses, preserve photographs and other evidence, determine whether insurance coverage exists, document medical treatment, calculate damages, negotiate with insurance companies, and pursue litigation when necessary.

Russell & Lazarus APC represents dog bite victims throughout Orange County, including Newport Beach, Anaheim, Anaheim Hills, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, Mission Viejo, Orange, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Tustin, Westminster, Yorba Linda, and surrounding communities.

FAQs

1. Is California a strict liability state for dog bites?

Yes. California Civil Code Section 3342 generally makes a dog’s owner liable for damages when the dog bites someone who is in a public place or lawfully in a private place. The injured person generally does not have to establish that the dog previously bit someone or that the owner knew the animal was dangerous.

2. Do I have a claim if the dog had never bitten anyone before?

Potentially, yes. California’s dog bite statute does not generally require a previous bite or proof that the owner knew the dog had dangerous tendencies. The circumstances of the incident must still satisfy the requirements of California law.

3. What should I do immediately after a dog bite in Orange County?

Seek appropriate medical treatment, identify the dog and owner, photograph your injuries, obtain witness information, preserve damaged clothing, document where the attack occurred, and report the incident to the appropriate authorities when necessary. Continue documenting your injuries as they heal, particularly when scarring is involved.

4. Can I recover compensation if a dog bite leaves a permanent scar?

Permanent scarring or disfigurement may be considered when evaluating damages. A claim may also include the cost of plastic surgery, scar revision, dermatological care, psychological effects, pain and suffering, and other losses resulting from the injury.

5. Can a child recover compensation after a dog attack?

A child injured in a dog attack may potentially have a claim for medical expenses, future treatment, scarring, pain and suffering, emotional trauma, and other legally recoverable losses. Because facial injuries and psychological consequences can be particularly significant for children, future treatment needs should be carefully evaluated.

6. Can I file a claim if my friend’s or neighbor’s dog bit me?

Yes, a claim may still be available when the dog’s owner is a friend, neighbor, or family member. In some cases, homeowner’s, renter’s, or another liability insurance policy may provide coverage, depending on the policy’s terms, limits, and exclusions.

7. What if I was bitten at an apartment complex or rental property?

The dog owner may be responsible under California’s dog bite law. Depending on the facts, a landlord, property manager, or another party could potentially face a separate negligence claim if the legal requirements for such liability are established. These third-party claims require a fact-specific investigation.

8. How much is an Orange County dog bite claim worth?

There is no standard value for a dog bite case. Factors can include the severity and location of the injuries, medical expenses, future treatment, lost income, permanent scarring, disfigurement, emotional trauma, pain and suffering, available insurance coverage, and other circumstances specific to the victim.

9. How long do I have to file a dog bite injury claim in California?

California generally provides a two-year statute of limitations for many personal injury lawsuits, including dog bite cases. However, exceptions and shorter deadlines can apply in certain circumstances. An attorney should evaluate the specific filing deadline applicable to your claim.

10. Where can I find an Orange County dog bite lawyer in Newport Beach?

Russell & Lazarus APC represents dog bite victims throughout Orange County from its Newport Beach office. If you or your child was injured by a dog, contact Russell & Lazarus APC’s Newport Beach office at (949) 851-0222 to discuss your circumstances and potential legal options.

Speak With an Orange County Dog Bite Lawyer

A dog bite can result in medical treatment, permanent scarring, lost income, emotional trauma, and other consequences that continue long after the initial wounds heal. Photographs, witness information, animal control records, medical documentation, and insurance information may become important evidence when evaluating a claim.

If you or a loved one was injured in a dog attack in Newport Beach or elsewhere in Orange County, contact Russell & Lazarus APC’s Newport Beach office at (949) 851-0222 to discuss the incident and your legal options with an experienced Orange County dog bite attorney.

This information is provided for general informational purposes only and does not constitute legal or medical advice; filing deadlines, liability, damages, insurance coverage, and available legal options depend on the specific facts and circumstances of each case.