California’s strict liability dog bite law
California Civil Code section 3342 makes a dog’s owner liable for damages when the dog bites someone in a public place or lawfully in a private place, regardless of the dog’s past behavior or the owner’s knowledge of any viciousness. There is no “one free bite.” The owner does not have to be negligent. If the dog bit you and you were where you had a right to be, the owner is responsible.
That law gives a San Dimas dog bite lawyer a strong starting point. The fight is usually not about whether the owner is liable; it is about how much the injury is worth and which insurance policy pays.
The claim is against the insurance, not your neighbor
Most dog bite claims are paid by the owner’s homeowner’s or renter’s insurance, which typically carries $100,000 to $300,000 in liability coverage and covers dog bites unless a specific breed exclusion applies. Landlords who knew a tenant’s dog was dangerous can also be liable. In practice, that means you can be made whole without taking money out of a friend’s or neighbor’s pocket, and we handle the claim in a way that keeps that relationship intact where possible.
Injuries and damages in a dog bite case
- Puncture wounds and lacerations that require stitches, wound care, and antibiotics, with a real risk of infection.
- Scarring and disfigurement, especially facial injuries to children, which may require plastic surgery years later. Future revision surgery is part of the claim.
- Nerve and tendon damage to hands and forearms, the most common bite sites for adults.
- Psychological injury. Fear of dogs, nightmares, and anxiety are compensable, and common in children.
- Injuries from being knocked down by a dog, which fall under ordinary negligence rather than strict liability but are still recoverable.
Your claim includes all medical care, past and future, lost income, and pain and suffering, which California does not cap. For a child, any settlement must be approved by the court through a minor’s compromise, and the funds are protected until adulthood.
Defenses the insurer will raise
The owner’s insurer has two main arguments: that you provoked the dog, or that you were trespassing. Provocation is a narrow defense that requires more than approaching or petting a dog. Trespass does not apply to guests, delivery drivers, or anyone on the property with implied permission. Comparative negligence can reduce a recovery but rarely eliminates one.
The deadline to file is two years under Code of Civil Procedure section 335.1. Report the bite to the Inland Valley Humane Society, which handles animal control for San Dimas under contract with the city; the report documents the incident and identifies the owner and the dog’s vaccination status.
In our practice, the dog bite cases that lose value are the ones where the victim, out of loyalty to a neighbor, never got the owner’s insurance information or waited weeks to see a doctor. Get the owner’s name and insurer at the scene, photograph the wound the same day and as it heals, and get treated. You can be gracious to your neighbor and still protect your family.
Dog bites in San Dimas
San Dimas is a dog town: the trails around Bonelli Park and Puddingstone Reservoir, the neighborhoods north of Foothill Boulevard, the San Dimas Dog Park on Horsethief Canyon Road, and busy sidewalks downtown on Bonita Avenue. We see bites to walkers and joggers, to children at friends’ homes, and to delivery drivers on residential porches. Bites here are reported to the Inland Valley Humane Society in Pomona, which holds the San Dimas animal control contract and maintains the records that identify the owner and the dog’s history.
What to do after a dog bite
- Get medical care the same day. Bites infect easily, and the medical record starts the claim.
- Get the owner’s name, address, phone, and homeowner’s or renter’s insurer, and the dog’s vaccination status.
- Photograph the wound immediately and every few days as it heals, and photograph the dog and the location.
- Report the bite to the Inland Valley Humane Society at (909) 623-9777, which handles animal control for San Dimas.
- Get witness names, and do not accept any payment or sign anything from the owner or an insurer.
- Call Morales Law Firm for a free consultation.
Frequently asked questions
Does the owner have to know the dog was dangerous?
No. California Civil Code section 3342 imposes strict liability for bites. The owner is responsible even if the dog had never bitten anyone before and even if the owner was careful.
Will my neighbor have to pay out of pocket?
Usually not. Dog bite claims are almost always paid by the owner’s homeowner’s or renter’s insurance. We direct the claim to the insurer and handle it in a way that respects the relationship where we can.
My child was bitten in the face. What is the claim worth?
Facial bites to children are among the most serious dog bite claims because of scarring and the possibility of future plastic surgery. The claim includes all current and future care, and any settlement is court-approved and protected for the child.
What if I was bitten at work, for example as a delivery driver?
You likely have both a workers’ compensation claim through your employer and a strict liability claim against the dog’s owner. The two claims coordinate, and the owner’s claim can recover pain and suffering that workers’ compensation does not pay.
What if the dog did not bite but knocked me down?
Strict liability applies only to bites, but the owner can still be liable under ordinary negligence, for example for failing to leash or control the dog. Those injuries are recoverable.
How long do I have to file a dog bite claim?
Two years from the bite under Code of Civil Procedure section 335.1. For a child, the deadline is extended, but evidence should be gathered right away.
