Bitten in California? Steps After a Dog Attack

1. Why California Dog Bite Cases Are Different

California has a relatively victim-friendly dog-bite statute compared to some other states. Under the state’s main dog-bite law, California Civil Code § 3342, a dog owner is generally liable when their dog bites someone who is in a public place or lawfully on private property, even if the dog has never bitten before or shown prior viciousness, subject to specific statutory exceptions.

This is often called a strict liability rule for dog bites. Unlike in some “one free bite” states, you do not usually have to prove that the owner knew the dog was dangerous. Instead, key questions often include:

• Did the dog actually bite you (as opposed to only knocking you down)?
• Were you in a public place, or lawfully on private property, at the time?
• Is the person you are pursuing a claim against the dog’s owner or legally responsible keeper?

There are important exceptions. For example, Civil Code § 3342 includes exclusions for certain bites by police and military dogs while they are engaged in defined law-enforcement or military duties. People who are unlawfully on private property also may not be protected by the statute. Because these rules are fact-specific, it is important to get legal advice tailored to your circumstances.

2. First Priority: Protect Your Safety

Right after a dog attack, your immediate focus should be getting to safety and preventing further harm.

• Move away from the dog to a secure location if you can do so safely.
• If the owner is present and it is safe, ask them to restrain or confine the dog.
• Call 911 if the bite is serious, you are bleeding heavily, you feel faint, or you may be in shock.
• If you cannot move or feel unsafe, stay where you are and call for help from people nearby.

Your health and safety come first. Legal issues can be addressed after you are out of immediate danger.

3. Get Medical Care Right Away

Even a bite that looks minor can lead to infection, nerve damage, or scarring. Prompt medical care protects your health and creates documentation that may be important in any insurance claim or lawsuit.

• Clean the wound: If it is safe, gently wash with soap and water to reduce the risk of infection.
• Seek professional care: Go to an emergency room, urgent care, or your doctor as soon as possible, especially if the skin is broken, you are immunocompromised, or you do not know the dog’s vaccination status.
• Follow instructions: Take prescribed antibiotics, update your tetanus shot as recommended, and attend follow-up appointments.
• Watch for infection: Redness, warmth, swelling, pus, or fever should be reported promptly to a healthcare provider.

California public health authorities treat animal bites seriously because of the risk of infections, including rabies in certain situations. The California Department of Public Health’s rabies guidance explains how local health officers evaluate rabies risk, quarantine animals, and decide whether post-exposure treatment is needed (CDPH Rabies Prevention and Control).

Under state and local public health rules, healthcare providers in California are generally expected to report animal bites they treat so local health departments or animal control can follow up (CDPH Animal Bite Information).

4. Report the Dog Bite

Reporting a dog bite helps protect public health and creates an official record of what happened.

• Animal control or local authority: Many California cities and counties require dog bites to be reported to animal control or another designated agency. These reports help identify potentially dangerous animals and ensure appropriate quarantine or observation.
• Public health authorities: Local health departments use bite reports to assess rabies risk and determine whether quarantine, testing, or post-exposure prophylaxis is needed (CDPH Rabies Prevention and Control).
• Law enforcement: For severe attacks, an out-of-control dog, or an ongoing safety threat, call 911 or your local police or sheriff’s department.

When making a report, try to provide:

• The date, time, and exact location of the bite
• The dog owner’s name and contact information, if known
• A description of the dog (size, color, breed or mix, and any markings)
• Names and contact details for any witnesses
• Any information about the dog’s rabies vaccinations, if available

If you are not sure where to report, your medical provider or county health department can usually point you to the correct agency (CDPH Animal Bite Information).

5. Gather Information and Evidence at the Scene

If your condition allows, try to gather information as soon as possible. Early documentation can make a big difference in any future insurance claim or lawsuit.

Key information to collect:

• Dog owner’s name, address, phone number, and email
• Any information about homeowners, renters, or landlord insurance (company name and policy number, if the owner is willing to provide it)
• The dog’s name and description, license or tag number, and known vaccination status
• Names and contact details for anyone who saw the incident or the dog’s behavior before and after

Helpful types of evidence:

• Photos or videos of your injuries, the dog (if it is safe to do so), the scene, and any property damage
• Photos of relevant conditions such as broken fences, open gates, or missing warning signs
• Torn or bloodied clothing and damaged property, kept unwashed in a safe place
• Written notes describing what happened, what you were doing, how the dog approached, what the owner said, and how the attack ended

Memories fade and witnesses can become hard to locate. The sooner you gather and preserve information, the clearer the picture will be for your attorney and any involved insurers.

6. Understanding California’s Dog Bite Liability Law

California’s primary dog-bite statute, California Civil Code § 3342, generally makes dog owners liable when their dog bites someone who is:

• In a public place, or
• Lawfully on private property (including the owner’s property).

The statute applies even if the dog has never bitten before and the owner did not previously know the dog was dangerous, subject to specific exceptions such as certain police or military dog bites.

Some key points about how this works:

• Focus on bites: The statute addresses liability for bites. Other dog-related injuries (for example, a dog knocking someone over) are often handled under general negligence or premises liability law.
• Location matters: Protection usually covers people who are in a public place or lawfully on private property, including invited guests, customers, delivery workers, and others there by express or implied invitation.
• Trespassing and unlawful entry: People who are unlawfully on private property may not have the same rights under the dog-bite statute.
• Working dogs: Subdivision (b) of Civil Code § 3342 creates specific exceptions for certain bites by police and military dogs engaged in defined law-enforcement or military duties.

Local ordinances may also affect a case. Many cities and counties have leash laws, rules for dangerous or vicious dogs, and additional requirements after serious incidents. Violations of these rules can sometimes be relevant in a civil claim.

7. Who May Be Legally Responsible After a Dog Bite?

In most cases, the dog’s legal owner is the primary person responsible under California’s dog-bite statute. Depending on the facts, others may also share responsibility under general negligence or premises liability principles.

Potentially responsible parties can include:

• The dog’s owner: Typically the main person liable under Civil Code § 3342.
• Keepers or handlers: People who were keeping, harboring, or controlling the dog at the time (such as a dog sitter or dog walker) may face negligence claims depending on what they did or failed to do.
• Landlords or property owners: In some circumstances, a landlord or property owner may be liable if they knew (or reasonably should have known) that a tenant’s dog was dangerous and had certain legal abilities to address the risk, particularly in common areas.

Claims against non-owners, especially landlords or property managers, can be more complex and highly fact-specific. A lawyer can evaluate whether additional parties may bear responsibility in your situation.

8. Compensation You May Be Able to Pursue

Dog bites can cause both immediate and long-term losses. In many cases, compensation is paid by an insurance company, such as a homeowners, renters, or landlord liability insurer.

Economic (financial) losses may include:

• Emergency room and hospital bills
• Doctor visits, medications, and physical or occupational therapy
• Future medical care, including scar revision or reconstructive procedures
• Lost wages if you miss work during recovery
• Reduced future earning capacity if your injuries affect your long-term ability to work
• Damage to personal property (clothing, glasses, phones, or other items)

Non-economic (human) losses may include:

• Physical pain and discomfort
• Emotional distress, anxiety, or new fear of dogs
• Scarring and disfigurement
• Loss of enjoyment of life or activities you can no longer do comfortably

The value of a claim depends on many factors, including the severity and permanence of your injuries, how they affect your daily life and work, and the amount and type of insurance coverage available.

9. Dealing With Insurance Companies After a Dog Bite

Insurance coverage is often central in California dog-bite cases. The dog owner’s homeowners or renters policy may provide liability coverage, and some landlords carry insurance that can be implicated in certain situations.

Practical tips when dealing with insurers include:

• Be cautious with statements: Adjusters work for the insurance company, not for you. What you say can be used to limit or deny your claim.
• Avoid recorded statements without advice: Adjusters often request recorded interviews early, before you know the full extent of your injuries or future medical needs.
• Do not rush to settle: Early settlement offers may arrive before scarring, nerve damage, or emotional trauma are fully understood.
• Keep thorough documentation: Save all medical records and bills, prescription information, work absence notes, photos of your injuries, and correspondence from any insurer.

An attorney can communicate with the insurance company on your behalf, help you evaluate offers, and advise whether to keep negotiating, file a lawsuit, or consider other options.

10. Time Limits for Dog Bite Claims in California

Dog-bite claims are typically treated as a type of personal injury case in California, so the general statutes of limitations and procedural rules for personal injury actions apply (Judicial Branch of California, Personal Injury Self-Help).

For many personal injury cases against private parties, the standard deadline to file a lawsuit is often two years from the date of injury, but there can be important exceptions and variations. Claims involving government entities usually require much earlier written notices and may have shorter deadlines.

Other factors that can affect the timing include:

• Whether the injured person is a minor
• Whether the defendant is a private person, business, or government entity
• When the injury and its connection to the incident were, or reasonably should have been, discovered

Because missing a deadline can permanently bar your claim, it is wise to speak with a California attorney as soon as you can after the bite so they can identify which time limits apply to your situation.

11. When to Contact a California Dog Bite Lawyer

Not every dog bite leads to a lawsuit, but a legal consultation is often helpful, especially if:

• You needed medical care beyond basic first aid
• You have visible scarring, nerve damage, or lasting pain
• A child or vulnerable adult was injured
• You are being blamed for provoking the dog or trespassing
• Insurance adjusters or investigators are already contacting you
• You are unsure what a fair settlement might be

A California dog-bite attorney can:

• Explain how Civil Code § 3342 and related laws apply to your facts
• Identify all potentially responsible parties and insurance policies
• Help preserve evidence, obtain medical and animal-control records, and work with expert witnesses if needed
• Calculate the full scope of your damages, including future medical needs and non-economic harm
• Negotiate with insurers and, if appropriate, file and litigate a lawsuit

Many personal injury lawyers offer free initial consultations and work on a contingency fee basis, meaning attorney fees are typically paid as a percentage of any recovery rather than up front. You should ask any attorney you speak with to explain their fee structure and how case costs will be handled in your situation.

12. Practical Checklist After a Dog Bite in California

Frequently Asked Questions About California Dog Bite Cases

Do I have a claim if the dog never bit anyone before?

Possibly. California’s dog-bite statute is a strict liability law in many situations, which generally means an owner can be liable for a bite even if the dog has no prior history of aggression, as long as statutory requirements are met and no exception applies.

What if I was partly blamed for the dog bite?

California is a comparative fault state. Your compensation can sometimes be reduced if you are found partly responsible, but you may still recover a portion of your damages depending on how fault is allocated.

Are dog bites to children treated differently?

The same basic legal rules apply, but courts and insurers often consider the increased vulnerability of children, the potential for long-term physical and emotional harm, and the fact that minors have special rules for time limits on filing lawsuits.

Will the dog be taken away or put down if I report the bite?

Not necessarily. Reporting usually triggers a public health and animal control review. Outcomes can range from quarantine and monitoring to designation as a dangerous dog, and in severe cases, more serious consequences. The result depends on local law and the specific facts.

How soon should I talk with a lawyer?

It is generally wise to speak with a California dog-bite attorney as soon as possible after getting needed medical care, especially before giving detailed or recorded statements to an insurance company.

Need Help After a Dog Bite in California?

If you have questions about your options after a dog attack in California, you can contact our team to discuss your situation and get guidance based on your specific facts.

California-Specific Legal Disclaimer

This blog post is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship with our firm. California law can change, and how the law applies will depend on your particular circumstances. You should consult a licensed California attorney for advice about your own situation before acting on any information in this article.