You can sue for a dog bite or other dog-related injury in California when another person is legally responsible for what happened. California has a specific law that applies to many dog bites. Other injuries caused by dogs may fall under negligence or other legal rules.
A Fresno dog bite lawyer from Fowler | Helsel | Vogt will look into who owned or controlled the dog, find available insurance coverage, gather records of the incident, and handle questions from an insurance company reviewing your claim.
We will determine which California law applies when the dog caused an injury without actually biting you. Whether you have a claim and who may be responsible depends on where the incident happened, what the dog did, and the circumstances leading up to your injury.
California Dog Owners Can Be Liable Even Without a Prior Bite
You do not usually have to show that a dog had bitten someone before to bring a claim against its owner. Fowler | Helsel | Vogt will review the circumstances of the attack and determine whether California’s dog bite law applies.
Under California Civil Code § 3342, a dog owner can be liable when the dog bites someone in a public place or when the person is lawfully on private property. The law applies even when the owner did not know the dog might bite.
This is commonly referred to as strict liability. For a claim under this law, the injured person generally needs to establish that:
- The other person owned the dog.
- The dog bit them.
- They were in a public place or lawfully on private property.
- The bite caused harm.
The owner does not get out of responsibility simply by saying the dog had always behaved well before the attack.
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California Does Not Give Every Dog a Free First Bite
One common misconception is that an owner gets a pass the first time a dog bites someone. Some people know this idea as the “one-bite rule.” California’s dog bite statute does not require a previous attack before an owner may be held responsible.
A person may have a claim even if the dog had never bitten anyone before. A prior history can still matter in some cases. Earlier aggressive behavior, complaints, or attacks may provide useful evidence about what the owner knew about the dog.
At Fowler | Helsel | Vogt, we explain why California law does not generally require proof of an earlier bite.
A Dog Does Not Have to Bite You for You to Have a Claim
California’s dog bite statute deals specifically with bites, but dogs can injure people in other ways. Fowler | Helsel | Vogt will review the incident to determine whether another type of personal injury claim may apply when no bite occurred.
For example, a dog may knock someone down, chase a cyclist into the road, or cause a person to fall while trying to get away. How the injury happened can affect the type of claim you may have.
These cases do not automatically fall under the dog bite statute. A negligence claim may be possible if the dog’s owner or another person failed to use reasonable care. Our Fresno personal injury lawyer will look at how the injury happened and determine which California laws may apply.
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A Dog Bite at a Private Home May Still Lead to a Claim
California’s dog bite law is not limited to attacks that happen in public. It can also apply when someone is bitten while legally on private property. Guests, delivery workers, and people who are there to perform a legal duty may fall within this rule.
Fowler | Helsel | Vogt will review why you were on the property and whether the law applies to your situation. Trespassing can raise a different issue because the statute requires lawful presence on private property.
The reason the person was there may need to be considered when determining whether the dog bite statute applies.
Provocation and Other Facts May Affect a Dog Bite Case
Strict liability does not mean that every dog bite automatically results in payment. The defense may dispute where the attack occurred, whether the person was lawfully on the property, or whether the dog was provoked.
Some cases involving veterinarians, kennel workers, and others who work with dogs may raise different issues. Fowler | Helsel | Vogt will review these circumstances and determine how they may affect a claim.
Insurance May Pay a Dog Bite Claim
A dog owner does not always pay a claim out of pocket. Homeowners or renters insurance may cover a dog bite or another injury caused by a dog, depending on the policy.
The insurer may question how the incident happened, the injuries, or the amount of the claimed losses. Fowler | Helsel | Vogt can identify available coverage and handle disputes with the insurance company.
A Dog Bite Claim May Include More Than Medical Bills
A dog bite may lead to medical treatment, scarring, lost time for work, and other losses. Depending on the case, damages may include medical expenses, lost income, reduced earning ability, pain, scarring, and emotional harm.
An attorney from Fowler | Helsel | Vogt will document the losses caused by the attack and determine which damages may be included in the claim.
Most California Dog Bite Lawsuits Have a Two-Year Deadline
Under CCP § 335.1, people in California generally have two years from the date of the injury to file a personal injury lawsuit.
Some injury cases have different or shorter deadlines. When you speak with Fowler | Helsel | Vogt, we can determine how much time you have to file based on the circumstances of your case.
Fowler | Helsel | Vogt Can Help You Sue for a Dog Bite in CA
If you are considering whether you can sue for a dog bite in CA, Fowler | Helsel | Vogt will review the situation to determine which California laws apply, look for available insurance, and seek damages from those responsible.
Our attorneys are from the Central Valley and understand the communities and people they serve. We communicate with clients by phone and text, have Spanish-speaking staff, and can travel for consultations.
Our local connections also allow us to help clients find trusted medical providers when needed.
Our attorneys have 40 years of combined experience and have recovered more than $100 million for clients. Contact us for a free consultation with our dog bite lawyer in Fresno.
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