How California law treats dog bites
Most personal injury cases require proof that someone was careless. California’s dog bite statute makes the owner responsible for a bite without that proof, and two other claims can apply when the statute does not fit.
Strict liability for bites (Civil Code § 3342)
The owner of a dog is liable for the damages suffered by a person the dog bites while that person is in a public place or lawfully in a private place, including the owner’s own property. It does not matter whether the dog had ever bitten anyone before or whether the owner knew it could be dangerous. California’s jury instructions put it simply: owners can be held responsible for a bite no matter how carefully they guard or restrain their dogs (CACI No. 463).
You are lawfully on the owner’s property if you were invited there, by express or implied invitation, or if you were there to perform a duty imposed by state or federal law, such as delivering the mail. The sources listed with the jury instruction note that the skin does not have to be broken for the statute to apply, and that the definition of lawful presence keeps trespassers from using the statute.
What the statute does not cover
The statute applies to bites. If a dog knocks you down, jumps on a child or chases a cyclist into a fall without biting, the claim has to be built another way. The statute also has an exception for police and military dogs. An agency is not liable under the statute when its dog bites while defending itself from a provoking act or while helping an officer hold a suspect, investigate a crime, execute a warrant or protect someone. The exception applies only if the agency has a written policy on the use of its dogs, and it does not apply to a bystander who had no part in the events that led to the dog’s use.
Negligence and known dangerous dogs
When the statute does not apply, two other claims may. First, a dog owner who knew or should have known that the dog had an unusually dangerous nature or tendency can be held strictly liable for the harm it causes, whether that harm is a bite or a knockdown (CACI No. 462). Second, everyone must use ordinary care in managing their property, and that includes a dog (Civil Code § 1714). An owner who lets a large, excitable dog run loose near a playground, or ignores a broken gate, may be negligent even if the dog never showed aggression before.
Dog bite injuries
A bite can look small on the day it happens and turn serious later. These are the injuries people most often bring to an Oakland dog bite attorney.
Puncture wounds and infection
Teeth push bacteria deep into the tissue. Puncture wounds can become infected days later, and some need antibiotics, drainage or a hospital stay. A doctor should look at any bite that breaks the skin.
Scarring and disfigurement
Tearing bites often leave scars, and some people need stitches, skin grafts or later revision surgery. A visible scar can affect a person for years.
Nerve, tendon and muscle damage
Bites to the hands and arms can damage nerves and tendons, leaving numbness, weakness or a loss of grip that may require surgery and therapy.
Children’s facial injuries
Children are closer to a dog’s height, so a bite to a child’s face, head or neck is a particular concern. These cases call for careful medical documentation, because a child’s scars and the need for future treatment may not be clear until the child grows. Some children develop a fear of dogs, nightmares or anxiety after a bite, and that is part of the harm too.
What to do after a dog bite in Oakland
Get medical care
Wash the wound and see a doctor, urgent care or emergency room the same day. Follow every treatment instruction.
Report the bite
In Oakland, the City’s Animal Control officers investigate reports of animal bites. To report a bite, the City lists 510-535-4884. To report an aggressive dog, call the Oakland Police Department dispatch line at 510-777-3333. In a city outside Oakland, report to that city’s or county’s animal control.
Identify the dog and the owner
Get the owner’s name, address and phone number, and ask whether they rent or own their home.
Photograph everything
Take photos of the wounds right away and as they heal, of torn or bloody clothing, and of the place where it happened, including any open gate or broken fence.
Let us talk to the insurer
Do not give a recorded statement or sign anything for the owner’s insurance company before you talk with a lawyer.
Evidence that helps a dog bite claim
The strongest cases are documented early. Useful evidence includes the Animal Control bite report, medical and pharmacy records, photos of the injuries over time, names and phone numbers of witnesses, any video from doorbell or security cameras nearby, and texts or messages from the owner. Oakland Animal Control also handles potentially dangerous and vicious dog cases under the Oakland Municipal Code, so earlier reports about the same dog may exist.
Who pays: homeowner’s and renter’s insurance
Many people hesitate to make a claim because the owner is a neighbor or a friend. In practice, a dog bite claim is usually paid by the owner’s homeowner’s or renter’s insurance policy, not out of the owner’s pocket. The liability coverage in these policies can also reach a bite that happens away from the home, such as on a sidewalk or in a park. Some policies limit or exclude coverage for certain dogs, so we ask for the policy and check what it covers.
What you can recover
California law sorts damages into two groups (Civil Code § 1431.2). Economic damages are losses with a dollar figure: emergency care, surgery, antibiotics, therapy, future scar treatment, counseling and lost wages. Non-economic damages cover pain, suffering, emotional distress, scarring and disfigurement, and the loss of activities you enjoyed. For a child, we work with the doctors to estimate future care, such as scar revision as the child grows.
Deadlines for a dog bite claim
In general, a lawsuit for an injury caused by someone else’s wrongful act or neglect must be filed within two years (Code of Civil Procedure § 335.1). For a child, the time while the child is a minor generally does not count toward that deadline (§ 352). Waiting is still risky, because video is erased and witnesses move.
Claims against a public agency
If a police dog or another dog under a public agency’s control bit you, a written claim must be presented to the agency no later than six months after the claim arises (Government Code § 911.2). The extra time for minors does not apply to these claims (Code of Civil Procedure § 352(b)), so a child’s claim against a public agency has the same six month deadline.
How our fees work
The first consultation is free, and there is no fee unless we win. If you hire us, our fee comes out of what we recover for you, not out of your pocket. If there is no recovery, you owe us no fee.
Before you hire us, we go over the written fee agreement with you, including how case costs are handled. Calling costs nothing, so you can call before you know whether you have a case.
Why East Bay dog bite victims call our office
John E. Hill opened this firm in Oakland in 1973. Six attorneys work from one office on Hegenberger Road, near the Coliseum and the airport, and you talk with the lawyer handling your case. John is a member of the American Board of Trial Advocates and a Board Certified Civil Trial Advocate (National Board of Trial Advocacy). Your consultation and your case can be handled in English or Spanish, and your call is answered day or night.
The National Board of Trial Advocacy is not affiliated with any government authority.
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Dog bite questions
01The dog never bit anyone before. Is the owner still responsible?
Usually, yes. Under California’s dog bite statute, the owner is liable for a bite in a public place or while you are lawfully on private property, even if the dog had never shown aggression and the owner had no warning.
02The dog knocked me down but did not bite me. Do I have a claim?
Possibly. The statute covers bites only, so a knockdown claim depends on showing the owner was careless, or that the owner knew or should have known the dog had a dangerous tendency. Leash habits, open gates and earlier incidents with the dog all matter.
03My child was bitten. How long do we have?
For most claims, the time while your child is a minor generally does not count toward the two year deadline. If a public agency is involved, the six month claim deadline still applies. We recommend calling soon either way, so the injuries and the scene are documented while the evidence is fresh.
04The dog belongs to a friend. Will I be taking money from them?
In most cases the claim is paid by the owner’s homeowner’s or renter’s insurance, which is what that coverage is for. We deal with the insurance company so you do not have to argue with your friend.
05What does it cost to hire you?
Nothing up front. The consultation is free, and if you hire us there is no fee unless we win. Our fee comes out of what we recover for you.
Another question? Call (510) 588-1000 or use our contact page.