The Support You Need. The Settlement You Deserve.
Have you suffered injuries from a dog bite?
Did the incident require you to seek medical treatment or miss work? If you answered yes to any of these questions, then you’ve come to the right place.
Welcome to Maison Law. We specialize in getting you medical treatment, financial security, and closure to this traumatic event as quickly as possible.
Contact us today to receive a no-cost, no-obligation consultation.
California Dog Bite Claims Process
STEP 1
Call Us For A Free Consulation
Call us 24/7 with No Obligations
STEP 2
Describe Your Accident Details
We will then discuss your legal options and decide whether to move your case forward.
STEP 3
Retain Maison Law w/ No Upfront Fees
We work on contingency. No attorney fees unless you win your case.
STEP 4
Receive Your Compensation
We will fight for you to earn the highest possible payout for your damages.
Do I Need a Lawyer After Getting Bitten by a Dog?
Dog owners in California are held responsible for most dog bite incidents. If a dog owner’s negligence led to a serious dog bite wound, victims should speak to a lawyer about their best options.
When injuries are serious, like a fractured hand or a deep puncture wound, insurance companies for dog owners will do their best to avoid the responsibility for large medical bills. They do this to save their companies money. Your lawyer battles back against these tactics and makes sure you receive the maximum in compensation possible. A skilled lawyer can often earn victims much more in support than they could handling their claims themselves.
When Is a Dog Owner Responsible for Dog Bite in California?
Are dog owners always liable if their dog bites you, or only if they have bitten someone else before? In many states, a dog has to have shown aggressive tendencies before your attack for the dog owner to be held liable for your injuries. However, California uses a different set of guidelines.
In our state, the dog’s owner is responsible for your injury even if it’s the dog’s first time biting someone or first-time showing aggression.
California does require that two factors also be true to enforce liability:
- The owner can be held liable if the attack occurred in a public place or on private property if the victim was invited onto the property.
- The victim must not have provoked the dog into the attack.
In a strict liability dog state like California, dog owners can be held accountable for a dog bite victim’s recovery even if the dog hasn’t bitten anyone before or shown aggressive behavior. Victims may file a claim against a dog owner’s homeowners’ insurance and secure compensation to pay for all medical expenses and financial losses endured through recovery.
In a dog bite case, a victim trespassing on someone’s property illegally usually can’t file a claim for damages after getting bit. Victims also can’t have provoked the dog and then gotten bit and still expect financial compensation. If victims are invited onto the owner’s property and get injured, they may file a claim for damages.
How We Get Your Dog Bite Case Won
Taking legal action in a dog bite incident seems like it would only complicate an already stressful situation. This is probably true for most dog bite victims, but not with us. At Maison Law, we ensure you get a lawyer, get paid, and get on your way. We don’t want to take up years of your life after a traumatic event, we only want to get your case won.
That’s why we instantly connect you to our medical resources and secure financial compensation on your behalf for the following damages:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity that you’ve suffered from your injuries
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
Dangers of Dog Bites
A dog bite injury can range from minor scratches to permanent damage. If a dog bite is deep enough, it can damage blood vessels, nerves, muscles, and bones. Deeper bites also carry the risk of infection, which can be detected by the following symptoms:
- Swelling and redness around the wound
- Pain that lasts longer than 24 hours
- Drainage from the wound
- Difficulty moving the affected body part
- Warm feeling around the wound
- Fever
- Shaking
- Night sweats
According to the Center for Disease Control (CDC), 1 out of 5 dog bites requires medical attention. So, even the smallest cuts or scratches can lead to serious health complications. For that reason, it is recommended to seek immediate medical attention for even the slightest dog bite. If you need access to medical attention and need help pursuing compensation for treatment, missed time at work, or mental trauma, Maison Law Accident & Injury Lawyers can help. To get connected to one of our attorneys today, fill out our free, no-obligation case review.
What Is Considered a Dog Bite in California?
California law defines a dog bite as any incident where a dog’s teeth comes into contact with a person and causes them bodily injury. Contrary to popular belief, an attack does not have to break the skin or leave a visible wound to be considered a dog bite. For example, a dog may attack a person and cause them to take a nasty fall and break their arm. In most cases, this person would be eligible for compensation under California dog bite law.
Dog Bite Liability Under California Law
California Civil Code Section 3342(a) states that the owner of any dog is liable for damages caused by a dog bite. Even if the dog has not shown any aggressive behavior in the past, the owner is still liable.
California is a strict liability state, so it does not matter whether the dog owner was careless or not; they are still liable if their dog bites another person. The law also states the owner is liable if the victim is bitten on public or lawfully private property.
California has such a strict dog bite liability law because, according to the Rocky Mountain Insurance Information Association, because it has more dog bite injury-related claims than any other state.
Exceptions to Dog Bite Liability in California
A dog owner may not be found liable for their dog biting someone if the following factors occurred:
- Provocation: if the dog bite victim provoked the dog or engaged in aggressive behavior
- Trespassing: if the victim was bitten due to unlawful trespassing on the property
- Lack of injury: if the victim was not significantly harmed and no medical treatment was required
- Assumption of risk: if the victim was aware of the risk of interacting with the dog
- Contributory negligence: the victim was careless, which resulted in the dog bite
- Lack of causation: the owner’s actions did not cause the bite to occur
Also, it is important to note that California Civil Code Section 3342 (b) removes dog bite liability from government agent dogs, stating:
“Nothing in this section shall authorize the bringing of an action pursuant to subdivision (a) against any governmental agency using a dog in military or police work if the bite or bites occurred while the dog was defending itself from an annoying, harassing, or provoking act, or assisting an employee of the agency in any of the following:
- In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect’s involvement in criminal activity.
- In the investigation of a crime or possible crime.
- In the execution of a warrant.
- In the defense of a peace officer or another person.
Proving Dog Bite Liability in California
In order to recover damages from a dog bite, the victim must prove:
- The dog was owned by the defendant
- The bite took place on public property, or the victim had a lawful right to be on private property when they were bitten
- The victim suffered an injury as a direct result of the dog bite
When a claim is filed for a dog bite incident, evidence is typically how these cases are determined. At Maison Law, we understand that evidence is the foundation on which your dog bite case stands. It provides a factual baseline to establish liability against the dog owner, demonstrate the extent of your injuries, and justify the compensation you are owed.
The evidence we gather for the majority of our injured dog bite victims includes:
- Documentation from animal control
- Police reports
- Eyewitness statements
- Video surveillance of the attack
- Medical records (pre and post-dog bite)
- Copy of the dog owner’s insurance policy
- Prescription drug costs, bank statements, and other out-of-pocket expenses
- Pictures of the wound and where the incident occurred
Premise Liability in California Dog Bite Cases
When a dog bite occurs on someone’s property, the property owner could be sued for premises liability, depending on the circumstances. In this section, we’ll cover scenarios where a property owner could be found liable for a premises liability if their dog bites someone.
California law states that property owners have a duty of care to maintain a safe environment for visitors. This includes taking the necessary steps to prevent foreseeable harm. This can extend to dog bites, where a property owner might be held liable for the following scenarios:
- Knowledge of a dangerous dog: if the property owner knew their dog was dangerous and failed to warn visitors, they could be held responsible.
- Failure to enforce lease agreement: If a landlord allows a tenant to keep a dog, even though it violates the lease agreement, and the dog injures someone, the landlord could be held responsible.
- Careless security: If a property owner does not secure a dog or post warning signs, and the dog attacks someone, they can be held liable.
- Failure to remove a known threat: If a landlord received complaints about a dangerous dog and failed to act, they could be held responsible.
Who is Responsible If a Dog Bites Me in a Store?
Most dog bites occur at dog parks and in people’s homes. After all, dogs are not often seen at department stores or grocery stores. But what if a dog bites you inside a store that allows dogs? Who is responsible? Some may believe the store would be responsible for allowing dogs inside, but that is not the case.
Just like dogs in private homes and public property (dog parks), the owner of the dog is still responsible for their dog biting someone, even if a store has permitted them to bring their dog inside. However, a business could be held responsible if it had prior knowledge of the vicious nature of the dog and failed to protect its customers.
This is highly unlikely, but not impossible. That’s why at Maison Law, we specialize in conducting detailed discovery and investigation into the details of every dog bite incident. Multiple parties may be at fault, and there may be grounds for negligence, premises liability, and punitive damages if a party was intentionally reckless. Fill out a free case review today, and one of our attorneys will reach out to go over your legal options.
What if a Service Dog Bites Me?
Service dogs are trained to provide assistance and support to individuals with disabilities. But what if the dog’s behavior becomes erratic and bites the service dog owner or someone else? In most cases, the dog owner will have liability insurance that covers injuries caused by their dog when they are out in public.
However, the provider of the service dog may be held responsible if they were aware of the dog’s dangerous behavior.
You can file a claim with the owner’s insurance to cover medical expenses, but if you’re seeking compensation for missed time at work, emotional trauma, and future monetary damages, then it is recommended to have an attorney at Maison Law manage your case. Insurance companies are known for “low-balling” injured victims and slogging their case through the mud, keeping them from receiving compensation for years. If you want your case won, contact us today for a free consultation and case evaluation.
Delivery Driver Dog Bites
Let’s say, for example, you’re an Amazon driver. You’re dropping off a package on a doorstep, and a dog bolts out the front door. The canine thinks you’re a stranger and bites your ankle. The owner comes out and restrains the dog, then you carry on about your day with only a few scratches on your ankle. Not much harm done, so no big deal, right?
Well, what if the incident has now made you fearful of dogs? You slow down at work because you’re hesitant to get out of your delivery truck without scoping out the area. Let’s say you’re so bothered by the incident that your job performance begins to suffer. Your hours may get reduced, or you may begin to call out of work because you don’t want to deal with the stress. You may begin to wonder if the dog was vaccinated or not. What if you’re at risk of infection? At this point, you may be wondering what your legal options are.
In California, dog owners can be held liable for damages caused by their dog, even if the dog has not shown any aggressive behavior in the past. In this case, you can file a lawsuit against the homeowner’s insurance to cover medical expenses, missed time at work, and emotional damages. You can even pursue job training for another career if you are unable to return to your delivery driver job.
Legal Steps to Take After a Dog Bite Incident in California
There are legal steps you can take to help your case after a dog bite injury. But if you haven’t taken any of these steps yet, do not worry. We will help you complete the necessary measures to build a strong dog bite injury case. To begin building your case after a dog bite incident, it is recommended to:
- Document the incident: Take photos and write down details of your injuries, the dog, and your surroundings.
- Exchange information with the dog owner: Get the owner’s name, address, phone number, and insurance info. If any witnesses are on the scene, collect their contact information and record their testimony if possible.
- Seek immediate medical attention: Go to the nearest emergency room or see your primary care physician as soon as possible. Dog bites can lead to dangerous infections. Also, any delay in medical treatment could be harmful to your personal injury case.
- Report the incident to Animal Control: Contact your local animal control agency and report the bite. An investigation by animal control will not only be helpful to your case but can also prevent future injuries.
- Speak to an attorney: Discuss your legal options with an experienced dog bite law firm by contacting Maison Law today.
What to Do Right After You’re Bitten By a Dog in California
If you’re bitten by a dog, the most important thing you can do is remove yourself from the dog’s presence. Once the dog is no longer a threat, you should immediately start treating your injury by performing the following steps:
- Look over the wound to note if the skin is broken or not
- Wash the wound with non-scented soap and warm water for 10 to 15 minutes. If the wound is dirty, it may require extended cleaning time
- Stop the bleeding by putting pressure on the wound with a clean cloth until it has stopped
- Apply antibiotic ointment if available; it will help decrease infection
- Dress the wound with a clean, dry bandage
Dog Classifications in California Dog Bite Cases
California classifies dog bite injuries into two categories. These classifications help prove liability and allow for higher settlement amounts if excessive carelessness caused the dog bite injury. These classifications are as follows:
- Potentially dangerous: A potentially dangerous dog is one that has engaged in harmful behavior before and has elicited a defensive action from a person at least twice in the last 36 months. Or if a dog has bitten someone and caused semi-severe injuries. In addition, dogs that have bitten, killed, or injured another domestic animal on two separate occasions are considered potentially dangerous.
- Vicious: Dogs that have inflicted severe injuries or killed a person in an aggressive manner when unprovoked are considered vicious. If a dog continuously exhibits potentially dangerous behavior, then they can be labeled vicious after a number of offenses.
Dog Bite Severity in California Dog Bite Cases
Another factor that can help determine liability, as well as the value of a dog bite case, is the level of dog bite severity. Usually, the more severe a dog bite is, the higher the settlement. Dog bite severity is graded on the Dunbar Bite Scale, which includes the following levels:
Level 1
Aggressive behavior, but no skin contact. This could mean the dog was growling, showing its teeth, or snapping at someone.
Level 2
Level 3
Level 4
Level 5
Level 6
Are There Penalties for Dog Bites in California?
Owners can suffer penalties if they fail to take steps to control it, which results in somebody getting seriously injured or killed. California Penal Code 399 makes it a crime to own or keep a dangerous animal in California.
Under this law, owners can be criminally charged for injuries or damages caused by their animals. In addition, injured victims are also entitled to pursue a personal injury lawsuit against the animal owner.
For a person to be convicted of violating Penal Code 399 after a level 4 dog bite, a prosecutor must prove beyond a reasonable doubt that the animal owner:
- Had custody or control of the animal
- Knew it was dangerous
- Allowed the animal to run free
- Failed to exercise ordinary care to control it
- As a result, the animal caused serious injuries or death to another person
The penalties a person might face for this violation will be dependent on whether the victim suffered serious bodily injury or was killed by the animal. Serious bodily injury would be considered a “wobbler,” meaning it could be ruled a felony or misdemeanor, depending on the prosecutor’s discretion.
If the victim is killed or dies at a later time due to the severity of their injuries, then it is an automatic felony. Felony charges for failure to control a dangerous animal can include up to three years in jail and a $10,000 fine. If the careless animal owner is charged with involuntary manslaughter, then they could face even harsher penalties.
Dog Bite Settlements in California
The settlement amount for a dog bite injury claim varies significantly on a case-by-case basis. However, there are various factors that can help determine the value of your case such as:
- Extent of damages
- Medical treatment needed
- Insurance coverage limit
- Determination of fault
When it comes to your dog bite settlement, the details of your case matter. For example, if you only sustained minor injuries from the attack or you were partially liable for the incident, your settlement could result in a lower amount. So, when considering settlements for dog bite injuries, they will generally fall into three categories:
- Low Settlements: Minor accidents with little to no injuries can result in a low settlement in the low thousands to cover damage done to your property and medical bills to treat minor injuries.
- Moderate Settlements: moderate settlements can range anywhere from $10,000 to $100,000. These dog bite cases usually involve medical treatment for significant injuries, some missed work, and longer recovery periods.
- High Settlements: High settlements typically involve dog bite injury incidents with severe injuries, long-term medical treatment, permanent disabilities, or fatalities. Settlements can be substantial, potentially reaching hundreds of thousands of dollars and up to millions of dollars.
What to Do After a Dog Bite in California
1
Call the Police
If you were injured by the dog in any way – including being knocked down – call the police to file a report
2
Take Photos
Take pictures of the dog, surrounding area, and your injuries.
3
Get Contact Info
Get the dog owner’s contact information along with any witnesses’.
4
Keep Your Evidence
Don’t wash your clothes or throw away anything that was broken in the attack. Keep everything in a ziplock bag.
5
Go See Your Doctor
Document any pain you feel immediately and in the days and weeks after the attack. Keep your receipts from you appointments and medications.
6
Let us handle talking to uncooperative dog owners and their insurance companies. You just focus on healing.
Support for California Dog Bite Accident Victims
Dog bites can leave victims with serious and debilitating injuries. Victims often suffer hand and finger injuries because it’s the body part that may be closest to a dog.
The delicate bones in the ankles and wrists are also vulnerable. Damage to tendons, organs, and other soft tissue is a real threat in any biting incident. Permanent scars may be left by a serious bite wound.
Care for child dog bite victims will be incredibly important. The injuries they receive when they are younger can flare up as they grow into adulthood and require additional medical care years later.
Your dog bite attorney will assist you in making sure every hardship you or a family member faced after a scary dog attack is listed in your insurance claim:
- Medical care bills now and any received in the future. Surgeries could be necessary years down the road.
- Physical therapy costs. Rehabilitation may be needed so the victim can restore the function of a hand and fingers.
- Full financial support for a permanent physical disability and permanent disfigurement suffered by victims.
- Additional compensation for physical pain and emotional trauma experienced. Dog bite victims can suffer anxiety and PTSD symptoms after a frightening attack. Depression may follow a severe injury that limits the patient’s enjoyment of life.
- Reimbursement of lost benefits and income while the victim misses work.
- Travel costs for appointments with doctors and surgeons. These bills may be substantial if a victim has injuries that prevent driving.
Dog Owners and California Insurance Coverage
If owners are held responsible for the bite, their homeowners’ insurance policy can be called upon to pay for the victim’s recovery. If owners do not have insurance that covers these cases, a lawsuit to get the owners to pay for damages out of their own pockets can be considered.
Dog attack insurance coverage can have a very low cap on the compensation you can receive. It means you might not be able to win enough in an insurance settlement to cover all of your medical treatment. If this is the case, it can be important to hold other parties liable.
These claims can use premises liability laws to hold property owners accountable. For example, landlord who rents a home or apartment to the dog owner may be able to be included in a lawsuit. Business owners or employers who allow dogs in the workplace can be held liable when there’s an attack.
For more information on which dog breeds are responsible for the most bite incidents in California, check out our dog bite informational page.
What Our Clients Say
How Common Are Dog Bites in California?
Residents in The Golden State love sharing their lives with dogs and we do too. Unfortunately, California has a bad record on dog bites. In State Farm’s ranking of the worst states for bite cases, they ranked California as number one.
The undesirable honor comes from their tracking of California’s 468 dog bite injury-related claims in 2017. Those incidents resulted in 18.7 million dollars in insurance compensation being paid to victims. The next highest state, Illinois, only reported 318 dog bite claims with a payout of 12.6 million dollars to victims.
The San Luis Obispo Tribune reported that there are almost 4.5 million dog bites in the U.S. each year. And somewhere around a third of all homeowner’s liability insurance claims are dog-bite-related. They also highlighted statistics that show that Los Angeles Mail Carriers suffer more dog bites than postal workers in any other U.S. city.
Dog Bites at California Dog Parks
California is a “strict liability” dog bite state. It means that dog owners can be held liable for injuries when their dogs bite someone even if the dog doesn’t have a history of aggression. This applies to attacks that happen in public places like a dog park.
As long as the victim didn’t provoke the dog, a claim for damages can be filed against the dog owner’s insurance policy. Dog owners are responsible for protecting others from their dogs before they’ve entered the dog park and once inside.
Generally, the city that opened the dog park or an apartment complex that maintains a dog park can’t also be held liable because dog parks are usually clearly marked as “use at your own risk” facilities.
Dog Attacks Against California Bicyclists and Motorcyclists
Dogs love to chase almost anything, and when they aren’t properly secured, they can chase the wrong things and create hazards for cyclists and those on motorcycles. Dogs can run alongside a rider and bite an arm, ankle, or leg. The injury can lead to motorcyclists falling from their motorcycles or a bicyclist crashing to endure more serious injuries.
An aggressive dog may cause a rider to swerve out into traffic and face the risk of getting hit by a vehicle.
Dog owners are responsible for any injuries caused by their pets and their insurance companies can be held liable for every medical expense the victim endures. The most important factor in these personal injury cases is that the rider has the support needed to recover and get back on a motorcycle or bike again as soon as possible.
Frequently Asked California Dog Bite Questions
You have two years to file a dog bite claim in California.
Victims or their families have up to 24 months from the date of the attack to file a claim over the injuries. You may think you can wait for a while, but it’s vital to file your claim as soon as possible while evidence is still fresh and witnesses are still easily located.
You can get all medical care now and any care needed in the future covered. Any disability or disfigurement from the attack can also factor into the amount you receive. Your lost wages while you’ve had to miss work can be reimbursed. Your travel costs to doctors and specialists can be covered.
Children like to run and play outside and unfortunately, that puts them at risk of a bite from a dog. Proper care and recovery from a dog bite can be all the more critical for children because their muscles, tendons, tissue, and bones are still growing and developing.
A week or two of medical care may not be the end of the story. Surgeries, physical therapy, and follow-up evaluations might all be necessary in the months ahead. Families should never face the enormous costs of this care alone. A dog owner’s insurance provider must be held fully accountable for current costs and those that arise down the road to ensure the health and wellbeing of the young victim.
Parents are often overwhelmed while guiding a child through a difficult recovery. They may even miss work while seeing to their child’s appointments. They won’t have time to stay on top of insurance companies to make sure they’re offering every benefit available. A skilled personal injury lawyer has the experience to keep pressure on the insurance adjuster to do the right thing and provide everything needed to restore the child’s health and the family’s finances.
Yes. Children are the most at risk for dog bites and they can be badly injured by any size dog. An attorney can investigate the owner and the dog’s histories and the scene of the attack to help build a strong case that can earn the compensation needed to help the child recover physically and emotionally.
A delivery driver for companies like Amazon, DoorDash, or the U.S. Postal Service may be fooled into thinking that a dangerous encounter with a dog is just part of the job. When a delivery person is bitten, California property owners and homeowners can be held liable.
By ordering a package or receiving a delivery, the homeowner is inviting the delivery employee into the yard and up to the front door. The homeowner must provide the driver with safe passage unless other arrangements have been made.
You can collect compensation for every medical expense you build up and for every day of work you are off your route as you recover from a dog attack.
Contact a California Dog Bite Lawyer Today
After a dog bites you or a loved one, make sure you are not left with thousands of dollars in medical bills over a scary incident that was someone else’s fault.
It can easily happen if you don’t have an experienced California attorney protecting you from irresponsible dog-owners and insurance agents who will be working to discredit your injury so they can save money.
After suffering a bite, contact an experienced California Dog Bite Lawyer for a free and confidential case evaluation. Maison Law takes a hands-on approach to every case and works to help victims get their lives back on track as quickly as possible without the worry of financial burdens.
If you feel we can help you earn more for your recovery, you won’t need to worry about finding the money to hire a lawyer. We don’t get paid unless we win your case for you. Then our fee comes out of the support an insurer is forced to pay you.
Additional Resources
- Dog Bite Injury FAQs
- Common Dog Bite Injuries
- California Dog Bite Eye Injuries: What You Need to Know
- California Dog Bite Facial Scarring: What You Need to Know
- California Dog Bite Nerve Damage: What You Need to Know
- What if the dog owner had a “Beware of Dog” sign posted?
- What Does California’s Strict Liability Dog Bite Law Mean?
- A Dog Bit Me in California – What’s Next?
- Dog Bites at Stores in California
- Dog Bites on Children
- Delivery Driver Dog Bites
- Dog Bites at Dog Parks
- Dog Bites on Motorcyclists
- Dog Bites on Cyclists
- Dog Bite at Family Member’s House
- Dog Bite at a Party
- Dog Tripping Injuries
- Dog Knock Down Injuries
- Dog Chasing Bicyclists Injuries
- Dog Chasing Motorcyclists Injuries
- Dog Bite Incidents Involving Police
- California Dog Bite Attacks with No Owner Insurance
- Landlord Liability After a California Dog Attack
- Adoption Organization Liability in a Dog Bite Attack
- Holding Animal Control Liable for a Dog Bite Attack
- Can You Be Compensated for a Dog Bite if You Were Trespassing?
- What if you intervened in an attack and it led to a dog bite?
- Is There a One-Bite Rule in California?
- How Much Money Can You Receive After a California Dog Bite Attack?
- Legal Rights of California Dog Bite Victims
- What Happens to a Dog After it Bites Someone?
- Can an Owner Be Charged with a Crime After a Dog Bite?
- Dog Bite Attack Statistics By Breed
- Dog Bites at Holiday Parties
