Maison Law can help you through the claims process when you’re injured by a dog bite in California. While it’s hard enough when you’re the one that’s bitten, it’s arguably harder if you’re a caregiver for someone with a disability and they’re bitten. Taking the right steps in the aftermath of this situation is very important, and our team will be there with guidance and support. Set up a free consultation today to get started.
Do You Need a Lawyer for a Dog Bite Case Involving a Disability?
Legally, no—you’re not required to get a lawyer if you or someone you care for with a disability is bitten by a dog. But practically speaking, having someone experienced on your side can make the process a lot more manageable, especially when disability is a factor. We’re not just here to file paperwork. We’re here to:
- Listen and understand how this injury has affected your daily life or the life of someone you care for
- Figure out where the system broke down—whether it’s a dog owner, a careless landlord, or a place that failed to supervise properly
- Explain your options in plain language, step by step
- Gather the records, photos, witness accounts, and medical documentation that tell the full story
- Take on the insurance company, so you don’t have to
- Help make sure that what happened doesn’t lead to even more hardship
No one should have to juggle recovery and legal stress at the same time—especially when they’re already living with the challenges of a disability. We’ll take the legal weight off your shoulders so you can focus on what matters most: getting better, feeling safe, and moving forward.
How Does California Law Approach Dog Bite Claims When the Victim Has a Disability?
Under California law, dog owners are “strictly liable” when their dog bites someone. That means simply that:
- The dog owner is responsible—even if the dog had never acted aggressively before.
The law applies whether the victim is a child, adult, or someone with a disability. So, this clears up a hugely important aspect of the claims process: who’s legally responsible for what happened. With that said, there’s a few other important legal aspects when the situation involves someone with a disability:
- Shared liability – More than one person or party may be legally responsible for the bite. It’s not always just the dog owner. Depending on where and how the dog bite happened, others can share some of the liability, like a:
- Landlord or property owner
- Store management or employees
- Care facility
- School
- Dog handler
- Comparative negligence – If the dog owner claims the injured person also played a role in what happened—like if they were trespassing on the property or provoking the dog somehow—a court may reduce the claim amount under “comparative negligence.” But when disability is involved, what’s considered “reasonable behavior” depends on the person’s abilities. That context matters.
There’s a lot of different things to think about when you have a disability and get bitten by a dog (or you care for someone that it happens to.) But what’s important is focusing on what you can control and what you’re able to get through a claim.
What Damages Can I Get When I File an Injury Claim After a Dog Bite?
In California, people with disabilities have the same legal rights after a dog bite as anyone else. They—or someone acting on their behalf—can file a claim against the dog’s owner or anyone else who was responsible. If the person isn’t able to file the claim themselves, a parent, caregiver, or legal guardian can do it for them. This usually means:
- Filing an insurance claim
- Filing a lawsuit if the insurance company denies or doesn’t fully cover the claim
Once the claim is in motion, the focus shifts to how the bite impacted the injured person’s life. And when a disability is involved, that impact can be deep and wide-reaching. Your claim can include:
- Medical costs—from emergency care to follow-up appointments and ongoing therapy
- Replacement of mobility aids, communication tools, or other assistive devices
- Time lost from work or caregiving responsibilities
- Emotional trauma, behavior changes, or regression in development
- Delays in therapy, recovery, or personal progress
- Loss of independence, routine, or confidence
- In fatal cases, funeral costs and emotional loss for surviving family members
In California, you usually have two years from the date of the bite to file a personal injury claim. But if the injured person is legally considered unable to manage their own affairs, that deadline may be paused—a legal protection known as tolling. This pause can last until:
- The person regains capacity
- Someone is named a legal guardian
- The court says that tolling no longer applies
However, this isn’t automatic. You may need to show medical records or other proof, and insurance companies don’t always accept that without pushback. So then, it’s important to act quickly so the information and evidence is fresh.
What Are Some Ways I Can Strengthen a Dog Bite Claim?
If your loved one has a disability and they’ve been bitten by a dog—whether it happened in a public park, a neighborhood, a care facility, or anywhere else in California—taking the right steps early can make a major difference. Here’s what to keep in mind:
- Get medical care immediately – Even if the injury doesn’t look severe at first, get medical attention as soon as possible. Make sure the care team knows about any existing medical conditions, sensory issues, or physical limitations. That background can shape both how they treat the injury and how the claim is later evaluated.
- Find the dog’s owner, if possible – Try to get the dog owner’s name, contact details, and insurance information. If they refuse to share that or leave the scene, report it right away. For individuals with communication or cognitive challenges, it’s especially important to gather this info while others are present to help.
- Report the bite to the right people – File an official report with your local animal control agency or police department. This creates a paper trail that documents what happened. If the person who was bitten can’t clearly describe the incident, having a formal report is even more important.
- Save everything – Keep photos of the injuries, torn clothing, broken assistive devices, and the location where it happened. Hold onto all medical records, therapy notes, caregiver logs, and any other materials that show how the bite disrupted routines or delayed progress.
- Keep track of changes – Part of the claims process means showing how the bite and injuries have impacted the victim. Whether it’s you or someone you care for, keep evidence of any changes the bite has caused, especially any setbacks or needing extra support with their disability.
Dog bite injuries are serious for anyone—but for people living with disabilities, the consequences can be especially severe and long-lasting. Taking these steps in the aftermath can give a potential claim a solid foundation. But again, every situation is different. That’s why it helps to look at how a dog bite can impact someone with a disability.
How Do Dog Bites Impact People With Disabilities?
A dog bite can be traumatic for anyone—but for someone with a disability, the impact often runs deeper and lasts longer. It’s not just the physical injuries. It’s how the bite itself disrupts daily routines, delays your progress, and adds new challenges to an already difficult living situation. Here’s how dog bites often affect people with disabilities:
- Medical complications – Some individuals may have conditions that make healing harder or increase the risk of infection.
- Delayed treatment – Communication or sensory challenges can lead to injuries going unnoticed or untreated longer.
- Disrupted routines – Missed therapy, hospital stays, or changes in caregiving can cause major setbacks.
- Broken or damaged equipment – Mobility aids, communication tools, or sensory devices may be lost or destroyed during the bite.
- Emotional and behavioral changes – The trauma of the attack can cause fear, anxiety, regression, or withdrawal—especially in children or individuals with autism or cognitive delays.
- Loss of progress – Hard-earned independence, physical skills, or confidence can be lost in a matter of days.
In severe cases, dog bites can be fatal—especially if the person couldn’t defend themselves or call for help. That’s why these cases need to be approached with more than just a legal checklist. They need care, patience, and a full understanding of how the injury truly changed someone’s life.
Maison Law Can Help People With Disabilities Who Have Been Hurt by a Dog in California
If you or someone you care for is living with a disability and has been bitten by a dog in California, Maison Law and our team of experienced California dog bite lawyers are here to help you make sense of what comes next. We can walk through your options—starting with a free consultation that’s focused on your needs. You can count on us for guidance, support, and a legal process that meets you where you are.
