What to do after a dog bite in California (Civil Code 3342)
General information, not legal advice. Every situation is different. If you have a deadline or court papers, don't wait on a guide. Call (562) 644-4186.
A dog bite can be frightening and painful, and it's hard to think clearly afterward. Here is what I'd suggest doing and a plain-English summary of the main California rule. This is general information, not advice about your case.
Right after the bite
- Get medical care. Bites can become infected, and a doctor can advise on things like rabies concerns. Keep your records and bills.
- Identify the dog and the owner. Get the owner's name and contact information, and ask whether the dog's vaccinations are current.
- Report the bite. Contact your local animal control or animal services agency. A report creates a record.
- Photograph everything. Your injuries (over several days as they heal), torn clothing, and the location.
- Get witness information. Names and phone numbers of anyone who saw what happened.
- Be careful what you post. I suggest not posting about the incident or your injuries on social media while a claim is possible.
The main California rule: Civil Code 3342
Under Civil Code section 3342, the owner of a dog is liable for damages suffered by a person bitten by the dog while in a public place or lawfully in a private place, including the owner's property, regardless of whether the dog had ever been vicious before or whether the owner knew it. The statute has exceptions, including for certain police and military dogs performing their duties. Other facts, such as whether the person was lawfully on the property, can matter. Other legal theories may apply to injuries that weren't caused by a bite, like being knocked down by a dog.
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Deadlines
In California, the general deadline to file a lawsuit for personal injury caused by the wrongful act or neglect of another is two years, under Code of Civil Procedure section 335.1. Some situations have much shorter deadlines. For example, if a government agency may be responsible, a written claim may be required within a much shorter time. Don't wait to get advice.
Insurance
Dog bite claims are often handled by the owner's homeowner's or renter's insurance. Be careful with recorded statements and early settlement offers before you understand your injuries and your options.
How I can help
I handle injury cases on a contingency fee: no attorney's fee unless there is a recovery. Case costs may still apply, and every case is different. No outcome is guaranteed. If you were bitten, tell me what happened and I'll let you know whether I can help.
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Attorney advertising. This guide is general information about California law as of the date shown, not legal advice, and it may not reflect later changes or local rules. Reading it or contacting me does not create an attorney-client relationship. Results vary and no outcome is guaranteed. Better Call Vance, PC, Tyler Vance, CA Bar No. 318810, 3301 Michelson Drive, Suite 2107, Irvine, CA 92612.