Dog Bite Injury Claims: Your Questions Answered
- is5366
- Jan 1
- 12 min read
Updated: 3 days ago
If you've been bitten by a dog in California, understanding your rights and the legal process is crucial. California's strict liability law holds dog owners responsible for bites, even if the dog has no prior history of aggression. Victims can seek compensation for medical bills, lost wages, and emotional distress. However, you must act quickly - California law gives you two years to file a claim, or just six months if a government entity is involved.
Key Points:
Strict Liability: Owners are liable for dog bites, regardless of the dog's history.
Compensation: Covers medical costs, lost income, and non-economic damages like pain and suffering.
Statute of Limitations: Two years for most claims, six months for government-related cases.
Exceptions: Liability may not apply if you were trespassing, provoking the dog, or working in a job that assumes the risk (e.g., veterinarians).
To strengthen your case:
Seek medical attention immediately.
Report the bite to local authorities.
Collect evidence (photos, witness info, and owner details).
Consult an attorney to navigate the legal process and negotiate with insurers.
California averages $68,125 per dog bite settlement, but severe injuries can lead to much higher payouts. Act promptly to protect your rights and pursue fair compensation.
How Much Is My Dog Bite Lawsuit Worth? 5 Key Factors
California's Strict Liability Law for Dog Bites
In California, dog owners are held strictly liable for injuries caused by their dogs. According to California Civil Code Section 3342, you don’t have to prove that the owner acted negligently or that the dog had a history of biting. The law explicitly states:
"The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place... regardless of the former viciousness of the dog or the owner's knowledge of such viciousness."
This law differs from the "one-bite rule" followed in other states, where an owner is only liable if they were aware their dog was dangerous. In California, liability applies even if it’s the dog’s first bite.
How Strict Liability Applies in Dog Bite Cases
A "bite" under California law includes any instance where a dog closes its jaws on a person or their clothing. For example, in Johnson v. McMahan, a dog that bit a roofer’s clothing caused the roofer to fall and sustain injuries. Even though the bite didn’t break the skin, it qualified as a "bite" under the law.
In another case, Menches v. Inglewood Humane Society, liability applied immediately after the ownership of the dog transferred through purchase and acceptance.
To establish a claim under strict liability, you need to prove four key elements:
The defendant owned the dog.
The bite occurred in a public place or while you were lawfully on private property.
You suffered actual harm.
The dog’s actions were a substantial factor in causing your harm.
Unlike other legal claims, you don’t need to prove negligence or show that the dog had a history of aggression.
Situations Where Strict Liability Doesn’t Apply
Strict liability only protects individuals who were lawfully present when the bite occurred. If you were trespassing on private property, the dog owner is generally not liable under this law.
Provocation is another exception. If you provoked or harassed the dog, the owner might not be held responsible. However, California courts make an important distinction for children under five years old, who are considered legally incapable of provocation or negligence. This makes it difficult for owners to use this defense in cases involving very young children.
Certain professionals, like veterinarians, kennel workers, and groomers, are considered to have assumed the risk of dog bites as part of their job and generally cannot claim strict liability. Similarly, police and military dogs performing official duties are exempt from strict liability claims.
It’s also worth noting that strict liability applies only to bites. If a dog causes injury in another way - such as knocking you over, chasing you off your bike, or causing harm without biting - you’ll need to prove the owner was negligent rather than relying on strict liability.
Next, we’ll explore the types of compensation available for dog bite injuries in California.
Compensation You Can Recover After a Dog Bite
If you've suffered a dog bite, you may be entitled to compensation for economic and non-economic damages. These categories cover both tangible financial losses and the more personal, intangible impacts of the incident. Knowing what you can claim is key to ensuring you pursue the full value of your case.
Economic Damages
Economic damages account for financial losses that can be clearly measured in dollars. These include medical expenses, such as emergency room visits, surgeries, and vaccinations. If your recovery involves ongoing care, you can also claim costs for physical therapy, occupational therapy, psychological counseling, or even plastic surgery to address scarring.
Another major component is lost wages. If your injuries caused you to miss work, you can seek compensation for the income you lost during that time. For those who experience long-term or permanent disabilities that limit their ability to work, damages for reduced earning capacity may also apply.
Property damage is another area where you can recover costs. This could include reimbursement for clothing or personal items damaged during the attack. In rare situations, if your pet was injured while defending you, you might even recover veterinary expenses. For severe cases involving lasting disabilities, you could also claim expenses for prosthetics, wheelchairs, or necessary home modifications.
"Economic damages are the losses you can measure with dollars and cents, such as your lost wages, your past medical bills, and your future medical bills." - Brooks Cutter, Founder, Cutter Law
Non-Economic Damages
Non-economic damages address the more personal and emotional toll of a dog bite. These include compensation for physical pain, emotional distress, mental anguish, PTSD, scarring, disfigurement, and loss of enjoyment of life. In California, juries have the discretion to assign a fair value for these damages, with no caps on awards for pain and suffering in dog bite cases.
The amount awarded often depends on factors like the severity of the injury, the permanence of any scarring, your age, and how the incident impacts your daily life. Keeping a personal journal that documents your pain and emotional struggles can strengthen your claim. Testimonies from friends and family about noticeable changes in your demeanor, along with evaluations from mental health professionals, can also help establish the extent of your non-economic damages.
These damages play a significant role in determining settlement amounts, as discussed in the next section.
Typical Settlement Amounts in California
In California, the average dog bite settlement in 2023 was $68,125. However, individual settlements can vary significantly based on the specifics of each case. California reported 2,104 insurance claims related to dog bites in 2023, resulting in $143.3 million in total settlements. Nationwide, the average cost per dog bite claim reached $50,425 in 2020, reflecting a 12.3% increase from the previous year.
Cases involving severe injuries - such as nerve damage, infections, or amputations - can easily result in medical expenses exceeding $100,000. However, if you are found partially at fault, such as by provoking the dog, your settlement may be reduced under comparative negligence rules.
How to File a Dog Bite Claim in California
If you've been bitten by a dog in California, it's crucial to act quickly. Gathering evidence, meeting deadlines, and documenting your injuries are key steps to protecting your legal rights. The process can involve navigating tricky insurance negotiations and understanding specific rules that could affect your ability to recover compensation.
Time Limits for Filing Your Claim
California law gives you two years from the date of the dog bite to file a personal injury lawsuit. If you miss this deadline, your case will almost certainly be dismissed, and you’ll lose the chance to seek compensation for your injuries. However, there are a few exceptions.
Under the "discovery rule", the two-year clock might not start ticking until you realize the full extent of your injuries. For instance, if complications like an infection or nerve damage surface weeks after the bite, the timeline could begin when those issues are identified. Additionally, if the victim is a minor, the statute of limitations is paused until they turn 18.
If your claim involves a government entity - say, you were bitten by a city-owned dog or a police dog - the timeline is much shorter. You may have just six months to file a formal notice of claim. Missing this shorter deadline could mean forfeiting your right to any compensation.
What to Do Immediately After a Dog Bite
The steps you take right after a dog bite can make or break your claim. Here’s what you should do:
Seek medical attention immediately. Wash the wound with soap and water for at least five minutes, and then see a doctor or visit an emergency room. This not only protects your health but also creates a medical record linking your injuries to the incident.
Report the bite to local authorities. California law requires all dog bites to be reported to your local health department or animal control agency. It’s also illegal for the dog’s owner to withhold their contact information or the dog’s vaccination records for more than 48 hours. Since every county in California is considered a "rabies area", the dog will typically undergo a 10-day quarantine and screening.
Collect evidence at the scene. Take photos and videos of your injuries, the dog, and the location. Get the dog owner’s name, address, phone number, and insurance details. Ask for the dog’s rabies vaccination records. If there were witnesses, write down their names and contact information. Preserve any physical evidence, like torn or bloody clothing, to support your case.
Keep detailed records. Start a journal documenting the incident, your pain levels, emotional distress, and any time you’ve had to miss work. This kind of documentation is critical when building a strong claim.
Finally, avoid making official statements to insurance companies or accepting any cash offers before consulting an attorney.
Benefits of Hiring a Personal Injury Attorney
After gathering evidence and taking the initial steps, hiring a personal injury attorney can be a game-changer. Insurance companies often aim to minimize payouts, even in cases where liability seems clear. A skilled attorney understands California’s strict liability laws and knows how to counter common defenses, like claims of trespassing or provocation.
An attorney can also handle negotiations with insurance adjusters, gather additional evidence, and ensure you pursue the full value of your claim. This includes not just economic damages like medical bills but also non-economic damages, such as pain and emotional suffering.
Cali Law Firm offers free consultations to review your case and explain your options. Their trial experience and dedication to securing fair compensation can mean the difference between a low-ball settlement and the recovery you rightfully deserve.
Insurance Coverage for Dog Bite Claims
When it comes to dog bite compensation, it’s usually the owner's insurance policy - not their personal finances - that covers the costs. Understanding how these insurance policies operate and what to do if they fall short can make a big difference in your recovery process. Let’s dive into how typical policies work and what their limits mean for you.
How Homeowners and Renters Insurance Works
Homeowners and renters insurance policies often include liability coverage ranging from $100,000 to $300,000, with the average dog bite settlement sitting around $40,000. However, when you consider that hospital costs for dog bites average $18,200 - about 50% higher than for other injuries - it’s easy to see how severe cases can push past these limits.
California's strict liability law simplifies things for victims. Insurance companies are obligated to pay regardless of whether the dog had a history of aggression or if the owner knew about any dangerous tendencies. Most policies cover bodily injury liability, which includes medical expenses, and may even extend to property damage if, for example, the dog destroys your belongings. Coverage isn’t limited to incidents on the owner’s property either - it can apply to injuries that happen in public spaces like parks or during a walk.
That said, there are exclusions to be mindful of. Many insurers won’t cover certain breeds they deem "high-risk", such as Pit Bulls, Rottweilers, German Shepherds, and Wolf hybrids. Additionally, some policies have a "one-bite" exclusion, meaning they only cover the first incident. Renters insurance often excludes coverage for injuries to people living in the same household as the dog. For context, in 2017, State Farm paid more than $132 million for 3,600 dog bite claims nationwide, making dog bites the most common liability claim under homeowners and renters policies.
When insurance doesn’t fully cover your damages, you may need to explore other options.
What Happens When Insurance Isn't Enough
If the insurance coverage doesn’t cover all your losses, you can pursue the dog owner’s personal assets. California law holds the owner responsible for any damages that exceed their insurance limits. This means you can file a civil lawsuit to recover compensation from their personal assets, such as savings, investments, or even real estate.
It’s also worth checking if the owner has an umbrella insurance policy. These policies provide additional liability coverage - often $1 million or more - and take effect once the primary insurance limits are maxed out. In some scenarios, secondary coverage might even come from the owner’s automobile insurance. Additionally, if the dog’s dangerous behavior was known to a landlord, liability could extend to them as well.
"If your dog bite injury was severe and the overall damages exceed $300,000, the at-fault animal owner may have to pay additional costs out-of-pocket." - Dordulian Law Group
If insurance payouts are delayed or insufficient, some medical providers may treat you on a "lien" basis. This means they’ll agree to be paid only after your legal settlement or judgment is finalized, allowing you to receive necessary care without upfront costs while your case is resolved.
Protecting Your Rights After a Dog Bite
Knowing your rights under California law can make all the difference when it comes to pursuing compensation after a dog bite. California operates under a strict liability rule, meaning dog owners are held accountable for bite injuries regardless of whether their dog has shown aggressive behavior in the past. This applies as long as the bite occurred while you were lawfully in a public space or on private property. Being aware of these protections is crucial, especially since the timeline to act is limited.
You generally have two years to file a claim, but if a government entity is involved, the window shrinks to six months. Missing these deadlines means losing your chance to seek compensation, so acting quickly is essential.
After a dog bite, the steps you take immediately - like getting medical attention and gathering evidence - can significantly impact your legal case. These actions lay the groundwork for a stronger claim.
Statistics highlight the importance of legal representation. Having a lawyer can increase settlements by 40% and boost insurance payouts by up to 3.5 times. Considering that about 4.5 million dog bite injuries happen each year in the U.S., with California often ranking among the states with the highest numbers, securing skilled legal help could significantly improve your outcome.
Cali Law Firm provides free consultations to review your case and guide you through your legal options. Reach out to us promptly to protect your rights and work toward the best possible recovery.
FAQs
What steps should I take right after being bitten by a dog?
If a dog bite occurs, quick action is essential to safeguard your health and gather evidence for a possible legal claim. Start by thoroughly cleaning the wound with soap and warm water for at least five minutes to lower the risk of infection. Afterward, apply antibiotic ointment and cover the area with a clean bandage.
For bites that are deep, bleed heavily, or are on sensitive areas like the face, hands, or joints, seek medical care immediately. A doctor might recommend stitches, a tetanus shot, or even a rabies evaluation if the dog's vaccination status is unclear. If the dog was a stray or displayed aggressive behavior, it’s crucial to discuss rabies prevention measures with your healthcare provider.
These steps not only help prevent health complications but also ensure you have proper documentation should you decide to pursue legal action.
What is the difference between California's strict liability law and the 'one-bite rule' for dog bites?
California operates under a strict liability law for dog bites, which means dog owners are held responsible if their dog bites someone - no matter if the dog has ever shown aggression before or if the owner had no idea the dog could pose a danger. According to California Civil Code § 3342, victims only need to demonstrate three things: the dog belonged to the owner, the bite happened in a public place or somewhere the victim was legally allowed to be, and the bite resulted in harm. The dog’s history or the owner’s negligence isn’t part of the equation.
This approach is quite different from the 'one-bite rule' followed in some other states. Under that rule, owners are generally not liable for a first bite unless they knew - or should have known - that their dog was dangerous. Proving this often requires evidence of past bites or aggressive behavior, which can make it harder for victims to claim damages.
California’s strict liability law simplifies the process for victims, allowing them to seek compensation without needing to prove the owner was aware of any risk. It provides more straightforward protections compared to the hurdles of the one-bite rule.
What compensation can I receive for a dog bite in California?
If you've been bitten by a dog in California, you could be entitled to compensation for a range of damages. These might include medical expenses (both immediate and future), lost wages, and any impact on your ability to earn a living. Additionally, you can seek compensation for physical pain and emotional distress caused by the attack. If the incident resulted in property damage or loss, or if it has negatively affected your relationships, such as with a spouse, you might also claim damages for loss of consortium.
In cases where the dog owner acted recklessly or with malicious intent, you may be eligible for punitive damages. These are designed to hold the responsible party accountable and discourage similar behavior in the future. To strengthen your claim, make sure to keep detailed records of your injuries and any related expenses.
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