California makes a dog owner strictly liable for a bite
California Civil Code § 3342 makes the owner of a dog liable for the damages a bite causes, whether or not the dog has ever bitten before and whether or not the owner knew the dog was dangerous. The rule applies when the person bitten is in a public place, or lawfully on private property — including the owner's own property, if the person was there lawfully.
That is a meaningful difference from most injury claims. You do not have to prove the owner was careless. You have to prove the dog belonged to that person, that you were bitten, that you were somewhere you were entitled to be, and what the bite cost you.
I am Brandon Aminpour, a California attorney (State Bar #340927). I handle these claims myself from my office at 6404 Wilshire Blvd, Suite 1111 in Los Angeles.
What the strict liability rule does not cover
Section 3342 covers bites. It does not cover every dog-caused injury. If a dog knocked you off a bicycle, chased you into traffic, or pulled you down without biting, the claim is an ordinary negligence claim instead, which means proving the owner failed to control the animal reasonably. Los Angeles County and the City of Los Angeles both have leash requirements, and a violation of one is evidence a jury can weigh.
The statute also carries limits. It does not apply to a governmental agency's military or police dog injured a person while the dog was assisting in specified law enforcement work. And a defendant may argue you provoked the dog or were trespassing at the time.
Deadlines that apply to a dog bite claim
The general deadline to file suit for a personal injury in California is two years from the date of injury under Code of Civil Procedure § 335.1.
If a public entity is involved — a dog owned or handled by a city or county agency, or a bite on public property tied to a dangerous condition — a written claim must be presented within six months under Government Code § 911.2. That six-month deadline is not extended because the person bitten is a minor, which matters here, because a large share of serious dog bite injuries happen to children.
What to do after a dog bite in Los Angeles
Get medical care first. Dog bites carry an infection risk that is not obvious from the size of the wound, and a puncture that looks minor can involve tendon or nerve damage underneath. Then create a record.
- Report the bite to the local animal control agency — in the City of Los Angeles that is LA Animal Services, and in unincorporated areas it is LA County Animal Care and Control. The report creates a file identifying the dog and the owner.
- Identify the owner and get the address where the dog lives. Homeowner or renter insurance frequently responds to a dog bite claim, and the address is how that policy is found.
- Ask about the dog's rabies vaccination status and record what you are told.
- Photograph the wounds the same day and again as they heal. Scarring evidence is built over months, not at one appointment.
- Get names and phone numbers of witnesses, and note any camera that faces the location.
- Keep every medical record and bill from the first visit forward.
What a dog bite claim can include
The damages available are the same categories as any injury claim: medical treatment already received and reasonably needed in the future, lost earnings, and non-economic harm such as pain, disfigurement and emotional distress. Scarring and reconstructive surgery are commonly the largest part of a serious bite claim, and a plastic surgery consultation is often what establishes the future treatment picture.
Under Civil Code § 1431.2, economic damages are joint and several among defendants while non-economic damages are apportioned by each defendant's share of fault. California also follows pure comparative fault (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804), so an argument that you approached the dog reduces recovery by a percentage rather than ending the claim.
Who pays
Most dog bite claims are paid by a homeowner or renter insurance policy rather than by the owner personally. Some policies exclude particular breeds or exclude animal liability entirely, and a landlord may have separate exposure if the landlord knew about a dangerous animal on the property and had the ability to remove it. Sorting out which policies exist is early work, not late work.
Talk to me directly
The consultation is free. I work on a contingency fee, so you owe no attorney's fee unless I recover compensation; case costs are separate from the attorney's fee and are explained in writing in the fee agreement before I begin. Call (323) 879-9777.