You were minding your business when a dog suddenly bit you. Now you’re dealing with pain, maybe medical bills, and a lot of questions.
If you're wondering whether you can sue after a dog bite in California, the answer is, in many cases, yes. State law gives victims strong legal protections, even if the dog had never shown signs of aggression before.
This post breaks down what you need to know: when you’re eligible to sue, what kind of compensation you can seek, and what steps to take next. If you need answers right away, call us at (626) 793-8607, we’re here to help.
Understanding California's Dog Bite Law
If you were bitten by a dog in California, the law is already working in your favor. The state has what’s called a "strict liability" rule, which means you don’t have to prove the dog had a history of aggression to hold the owner responsible.
Even if the dog never growled at anyone before, the owner is still legally liable for your injuries. That makes California’s law much more victim-friendly than in other states where a dog gets a "free bite" before the owner can be held accountable.
This kind of law helps take pressure off victims who are already dealing with medical visits, paperwork, and healing. You just need to show that the bite happened and that you were where you were legally allowed to be when it did.
You can refer to California Civil Code § 3342, which clearly outlines the responsibility of dog owners in bite cases. It’s there to protect you, and it's why getting legal help quickly can make all the difference.
When Can You Sue for a Dog Bite?
Not every dog bite automatically qualifies for a lawsuit, but California does give you clear rules. If your situation meets these conditions, you likely have a strong case.
You can sue if:
- The bite happened in a public place or somewhere you were legally allowed to be.
- You were physically or emotionally injured as a result of the bite.
- You can identify the dog’s owner or whoever was in control of the dog at the time.
Even if you’re not sure whether your case meets these guidelines, it's worth checking. Many people don’t realize they’re eligible until they talk to someone who knows the law.
Understanding your rights isn’t just about compensation. It’s also about accountability and making sure others are safe in the future. If you’re unsure where you stand, getting answers early can give you peace of mind.
What Strict Liability Means for Dog Owners in California
In some states, a dog has to bite someone once before the owner is legally responsible. That’s not the case in California. Here, dog owners are held accountable from the first bite.
This means you don’t have to prove the dog had been aggressive before, or that the owner did something wrong. You just need to show that you were bitten and that it wasn’t your fault.
It’s a law that benefits victims because it removes common roadblocks that might delay or stop a claim in other places. You don’t need to dig up the dog’s history or get caught in back-and-forth arguments about behavior.
The focus is on what happened to you, not what the dog has or hasn’t done in the past. This simplifies your case and increases the chance of a faster resolution.
Common Legal Defenses in Dog Bite Cases
Not every dog bite claim will lead to a settlement or lawsuit. Sometimes, the other side will try to defend themselves by saying the bite wasn’t their fault.
Here are some common reasons they might give:
- Trespassing: They might say you were on private property without permission.
- Provocation: They could argue you teased, hit, or scared the dog before it bit.
- Assumption of risk: This is often used if you're someone who works with animals, like a vet or groomer.
- Police or military dogs: If the dog was doing its job, different rules might apply.
These defenses don’t always hold up in court. If you're unsure whether one of these could affect your case, it helps to speak with someone who knows the law. Also, kids under 5 usually aren’t held responsible for provoking a dog.
What Damages Can You Recover in a Dog Bite Lawsuit?
After a dog bite, the costs can add up quickly. You may be able to get money to help cover your expenses and what you’ve gone through.
Here’s what that might include:
- Medical expenses: This could be hospital visits, follow-up care, or even surgery.
- Lost income: If you had to miss work, you could recover those lost wages.
- Pain and suffering: If the bite caused fear, stress, or lasting scars, this may apply.
- Punitive damages: These are rare but might apply if the dog owner acted recklessly.
You don’t have to guess what your case is worth. A lawyer can look at your situation and help you understand what you may be able to claim.
How Long Do You Have to File a Dog Bite Claim in California?
You only get a limited amount of time to file a dog bite lawsuit in California. If you miss the deadline, you may lose your chance to get any compensation.
In most cases, the time limit is 2 years from the date of the bite. This is called the "statute of limitations."
If a child is bitten, the clock usually starts when they turn 18. That means they can still file a claim as an adult if no one did it for them when they were younger.
The sooner you act, the better. Waiting too long could make it harder to prove what happened or to find important evidence.
H2: Steps to Take After a Dog Bite
What you do right after a dog bite can help protect your health and your case. These steps can make a big difference if you choose to file a claim later.
Here’s what to do:
- Get medical treatment right away, even if the bite seems small. Your records will be important later.
- Try to identify the dog and the owner. Write down their name, phone number, and if possible, any insurance info.
- Report the bite to animal control or local law enforcement. A report creates an official record of what happened.
- Take clear photos of your injuries, the scene, the dog, and anything else that shows what occurred.
- Save everything, including receipts, prescriptions, and time missed from work.
- Contact a California dog bite lawyer quickly. They can help you understand your rights and what steps to take next.
You don’t need to do all of this alone. Legal support can make the process easier and less stressful for you.
California Dog Bite Statistics
Dog bites happen more often than most people think. Knowing the numbers can help show just how common these injuries are, especially in California.
Each year, the CDC reports over 4.5 million dog bites across the country. Many of them require medical care.
In California alone, over 48,600 emergency room visits were linked to dog bites in 2022. That’s more than any other year in recent history.
The Insurance Information Institute also says California has the highest number of dog bite-related insurance claims in the U.S. In 2022, the average payout was $59,900 per claim.
Talk to a California Dog Bite Lawyer Today
If you've been hurt by a dog bite, talking to a lawyer could be one of the most important steps you take. The sooner you reach out, the better chance you have of protecting your rights.
A lawyer can help you collect evidence, talk to insurance companies, and figure out how much your case is really worth. They can also explain your options in plain language, so you know what to expect.
At the Law Offices Of Adrianos Facchetti, we offer a free consultation, and you won’t pay anything unless we win your case. As a trusted Burbank dog bite lawyer, we’re here to help you take the next step.
Call us today at (626) 793-8607 to get started or request your free case review now.
