Maison Law can help you if you’re bitten by a dog anywhere in Gilroy. Dog bites don’t just happen with random, off-leash dogs. The unfortunate reality is that any dog can bite you if the conditions are right–even specially trained service dogs. This doesn’t change your rights, but it can affect how things move forward. Set up a free consultation today to talk through your options.
Do I Need a Lawyer If I’ve Been Bitten by a Service Dog in Gilroy?
Any dog bite is a shock. When the dog involved is a service animal, it can leave you feeling even more unsettled. These animals are trained to stay calm in public, so a bite may feel completely out of the blue. But at the end of the day, a service dog can still react the wrong way—and you can still get hurt. If that’s what happened to you, our team can step in by:
- Listening to what happened and explaining your rights in plain language
- Figuring out who may be legally responsible—whether it’s the handler, a store, or someone else
- Collecting evidence like vet records, witness accounts, and video, when it’s available
- Taking over the paperwork and insurance process so you don’t have to
- Filing an injury claim or lawsuit if that ends up being the best path forward
On top of all the normal things that come with a dog bite–injuries, stress, uncertainty–there’s the added layer of it involving a specially-trained animal. That’s why it’s important to have someone in your corner, but the whole process starts right after the bite itself happens.
What Information Will I Need If I Want to File a Claim?
You don’t have to have everything in order right after you’re bitten by a service dog. But at the same time, certain pieces of information are going to be critical for you moving forward–especially if you’re hurt and need to file a claim:
- Basic information about the dog and handler. Try to get the handler’s full name and contact information. Note whether the dog is a trained service animal or an emotional support animal. If the dog was wearing a vest, ID tag, or other identifying markers, write that down.
- Where and how the bite happened. Write down the exact location where the bite happened. Describe what you were doing just before the bite. If anyone from the business or property spoke to you afterward—like staff or management—note what was said.
- Medical information. Take clear photos of your injuries right after the bite and as they heal. Keep records from your doctor, urgent care, or ER visits. Write down how the bite affected your daily life, pain, or mobility.
- Evidence from the scene. Take pictures of the area where the bite happened. Include aisles, walkways, or crowded spots that might have played a role. Collect names and contact info of anyone who saw what happened. If you think security cameras may have recorded the incident, make a note of that.
- Information about the dog’s history (if available). If you can, find out whether the dog has bitten or acted aggressively before. Note any prior complaints about the dog or handler. Keep a copy of any animal control report filed after the bite.
As you might expect, you probably only have pieces of information right now—and that’s okay. Once we’re involved, we can help gather the rest. But this brings up another question: what claim do you even file?
What Kind of Claim Do I File If I’m Bitten by a Service Dog?
Many people feel torn about filing a claim after being bitten by a service dog. You may not want to cause trouble for someone who depends on their animal. But taking care of your own injuries isn’t selfish—it’s necessary. California law gives you the right to file a claim when you’ve been hurt, no matter what type of dog was involved. Generally, you can either file:
- An insurance claim with the dog owner’s homeowner’s or renter’s insurance.
- An insurance claim against a business or city government.
- A personal injury lawsuit if that’s what it takes to recover your losses.
Insurance claims are usually the starting point, and it’s a lot less formal because they happen outside of court. It’s also usually less stressful for everyone. The insurance company handles the investigation and talks, and wraps up quicker.
The issue is that an insurance company wants to save money any way they can, so it could leave you with a lowball offer that doesn’t cover your needs. That’s when a lawsuit comes in.
A lawsuit is more formal and takes more time and effort. But it’s a fairer process because it’s overseen by a judge. Either way, the point of filing a claim isn’t to blame the person that depends on their service-dog, it’s to take care of your “damages” that can include:
- Current and future medical expenses
- Lost income if you missed work.
- Pain and suffering
- Emotional distress
- Repair/replacement costs for damaged property (broken glasses, torn clothing, etc.)
- Costs related to reduced quality of life
California gives you two years to file a claim after a dog bite. Waiting too long could mean losing your access to these damages.
Who Pays For My Damages When I’m Bitten by a Service Dog?
In California—including right here in Gilroy—service dogs don’t get special treatment under the state’s dog-bite law. Strict liability still applies. That means a dog’s owner or handler is responsible for a bite, even if:
- The dog never acted aggressively before.
- The dog was fully trained.
- The handler didn’t think anything would happen.
But the handler isn’t always the only party involved. If the bite happened at a business—like a hardware store, restaurant, or one of the shops at the Gilroy Premium Outlets—others may have played a role. Additional responsibility may fall on a business if:
- Staff ignored past behavior or complaints involving that dog.
- They allowed untrained or questionable “service animals” inside.
- Warning signs like growling or lunging were brushed aside.
- Crowded layouts or tight aisles made the space unsafe.
- No one stepped in when the situation started to escalate.
So while the dog’s handler usually holds the main responsibility, property owners and managers may also share it depending on what happened.
Why Would a Service Dog Bite Me?
Most service dogs are trained to stay focused and calm. Their work ranges from guiding people with vision impairments to alerting someone to a medical issue to helping manage anxiety. California law allows these dogs into almost all public spaces under the ADA.
But training doesn’t remove instinct. A service dog might bite you because of:
- Overstimulation—especially in busy stores or crowded areas.
- Confusion about someone’s movement or body language.
- Pain—if another dog bumped them or someone stepped on their tail.
- A misread cue or sudden noise.
Even the best-trained dogs can react in a way that hurts someone. And if you were the one injured, you still have legal options that our team of Gilroy dog bite lawyers can help you with.
Reach Out to Maison Law Accident and Injury Lawyers of Gilroy If You’re Bitten by a Service Dog
If you’ve been bitten by a service dog in Gilroy, you still have rights—and you don’t have to go through the process alone. Maison Law can help you sort out your options, handle the paperwork, and guide you every step of the way. We can start by talking through your situation in a free, no-obligation consultation.
