Dog Bites and Attacks
Claims against dog owners for bite injuries and attacks.
California holds dog owners strictly liable for bites. Under Civil Code section 3342, the owner is responsible when the dog bites someone in a public place or someone who is lawfully on private property, including the owner’s own home. It does not matter whether the dog has bitten before or whether the owner knew it was dangerous.
Injuries that are not bites, such as being knocked down by a dog, are usually handled as negligence claims.
Insurance usually pays
Dog bite claims are often paid by the owner’s homeowner’s or renter’s insurance. Many people hesitate to bring a claim against a neighbor, friend, or relative. In practice the claim is handled by the insurer.
What a claim can cover
Medical expenses
Emergency care, hospital stays, surgery, physical therapy, medication, and medical equipment. A claim can also seek the cost of treatment your doctors expect you to need in the future.
Lost wages
Pay you missed because of the injury, from the day it happened through today. This includes hourly pay, salary, overtime, tips, commissions, and bonuses, along with sick leave and vacation time you used to recover. Self-employed clients prove the loss with tax returns, invoices, and business records.
Lost earning capacity
Income the injury is likely to cost you in the future. If you cannot return to the same job, the same hours, or the same career path, a claim can seek the gap between what you could have earned and what you can earn now. Students and people between jobs can recover too.
Pain and suffering
Physical pain, emotional distress, anxiety, scarring, and the loss of activities you used to enjoy. No fixed formula applies. The amount turns on the injury, the treatment, and how long recovery takes.
Punitive damages
Money awarded to punish a defendant, on top of the amount that compensates you. California requires clear and convincing evidence of malice, oppression, or fraud. A drunk driver who causes a crash is a common example. Insurance generally does not pay punitive damages, so collection depends on the defendant’s own assets.
What to do after a bite
Get medical care, identify the dog’s owner, and report the bite to animal control. Photograph the injuries as they heal.
Most personal injury lawsuits in California must be filed within two years of the injury.
The life of an injury claim
From the day of the injury to the day you are paid. Not every claim goes through every step.
Read all 11 steps
Step 01 · Day 1
The injury
Get medical care, and keep every record. Photograph the scene, the vehicles or hazard, and your injuries. After a car crash with an injury, California requires a report to the DMV within 10 days.
Step 02 · First days
The first calls
The other side’s insurance adjuster often calls within days and asks for a recorded statement. What you say on that call can be used to argue fault or downplay your injuries.
Claim hackYou do not have to give the other side’s adjuster a recorded statement. Call Akers Law first: (949) 525-1560
Step 03 · First weeks
Investigation
Your lawyer notifies the insurance companies, collects the police report, photos, and witness statements, and identifies every policy that might pay. A claim against a public agency has a six-month clock that is already running.
Side track: your vehicle. If your vehicle was damaged, that claim usually moves faster and on its own. Repairs or a total-loss payment are often resolved within weeks while the injury claim continues.
Step 04 · Months
Treatment
You focus on getting better while the bills, records, and missed work are tracked. Settling before your doctors know the full extent of the injury risks leaving future costs uncovered.
Step 05 · After treatment
Demand
Once treatment ends or the future course is clear, your lawyer sends the insurer a demand package: the records, the bills, the lost income, and the amount that would resolve the claim.
Step 06 · Weeks to months
Negotiation
The adjuster responds with an offer, and the two sides trade counteroffers. Policy limits often set the ceiling on what the insurer will pay.
Many claims settle during negotiation and go straight to step 11. If yours does not, a lawsuit comes next.
Claim hackDo not sign a release until a lawyer has reviewed the offer. Akers Law reviews offers in a free consultation: (949) 525-1560
Step 07 · Before the two-year deadline
Lawsuit
Filing a complaint in superior court preserves the claim against the statute of limitations. The defendant is served and generally has 30 days to respond.
Step 08 · Several months to a year or more
Discovery
Each side requests documents, sends written questions, and takes depositions under oath. The defense may also ask for a medical examination by its own doctor.
Step 09 · Before trial
Mediation
A neutral mediator meets with both sides to try to reach a settlement. Many lawsuits resolve here.
Step 10 · Often one to two years after filing
Trial
A jury hears the evidence and decides fault and damages. Most cases settle before reaching this point.
Step 11 · Weeks after settlement or verdict
Payout
The money goes into the attorney’s client trust account. Liens and case costs are paid, the attorney fee is deducted, and you receive the rest with a written accounting.
Frequently asked questions
Is the owner liable if the dog had never bitten anyone before?
Yes. California’s dog bite statute makes the owner responsible for bites that happen in a public place or while the victim is lawfully on private property, even if the dog had no history of aggression.
What if the dog knocked me down but did not bite me?
The bite statute covers bites, but injuries caused in other ways, such as being knocked over, can still be pursued under general negligence principles, for example when the owner let the dog run loose.
Who pays for a dog bite claim?
Dog bite claims are often paid by the owner’s homeowners or renters insurance policy rather than by the owner personally.