It’s a scenario no one wants to imagine, but it happens more often than you might think. According to the Centers for Disease Control and Prevention (CDC), dogs bite more than 4.5 million people in the U.S. each year.
Even a normally sweet-tempered dog can have an off moment. If you’ve been bitten, knowing what to do next is crucial for your health and your legal rights, especially since medical care can be expensive and the experience traumatic.
California’s Dog Bite Laws Explained
California takes dog bites very seriously. The state operates under a “strict liability” rule, which is important for you to understand.
This is legally defined in California Civil Code § 3342. In simple terms, it means a dog’s owner is responsible for injuries caused by their dog, even if the dog has never shown aggression or bitten anyone before. This is different from many other states that use a “one-bite rule,” which may excuse a first-time incident.
To have a valid claim, you just need to show you were in a public place or lawfully on private property when the bite occurred. As a dog bite attorney can confirm, it doesn’t matter if you know the owner or not.
Are There Exceptions to the Rule?
Yes, there are a few specific situations where the owner may not be held liable. Understanding these can help clarify your rights.
- You were trespassing. The law protects people who are legally on a property.
- You provoked the dog. If you were teasing, abusing, or threatening the dog, the owner may not be responsible.
- The dog was protecting its owner or property. This applies if the dog was defending against someone committing a crime.
- You were working with the animal. Professionals like veterinarians or dog groomers who voluntarily assume the risk of being bitten are typically not covered under this statute.
Finally, be aware of the timeline. In California, you have a two-year statute of limitations to file a personal injury claim. If you miss this window, the court will likely refuse to hear your case, and you won’t be able to recover compensation.
Steps to Take After Suffering a Dog Bite
Acting quickly after a dog bite is key to protecting your health. Here are the most important things to do right away.
- Prioritize Medical Care: If the bite broke your skin, it’s serious. The CDC recommends immediately washing the wound with soap and water for at least five minutes to reduce the risk of infection. Dog mouths contain bacteria like Pasteurella, which can cause a dangerous infection if not treated. Take photos of the wound before it’s treated for documentation.
- Exchange Key Information: Get the owner’s name, phone number, and address. Most importantly, ask for the dog’s vaccination history. If the dog isn’t vaccinated for rabies, you may need post-exposure shots, a treatment that the CDC notes can cost several thousand dollars. Also, ask for their homeowner’s or renter’s insurance information, as this is typically what covers dog bite claims.
- Talk to Witnesses: If anyone saw the bite happen, get their name and contact information. A neutral third-party account can be very helpful.
- Report the Bite: File a report with your local animal control agency, such as the Los Angeles County Department of Animal Care and Control. This creates an official record of the incident, which is vital for your case and can help prevent the dog from harming someone else.
Document the Entire Situation
After you’ve handled the immediate safety steps, thorough documentation becomes your most powerful tool. This evidence is essential for building a strong personal injury claim.
Start a journal in a notebook or a notes app on your phone. Every day, write down how the injury is affecting you.
- Physical Pain: Rate your pain on a scale of 1 to 10.
- Emotional Impact: Note any anxiety, fear of dogs, or trouble sleeping.
- Life Disruptions: Document any missed work, canceled activities, or difficulty with daily tasks.
- Visual Record: Take photos of your injury every few days to show the healing process.
You should also write down everything you remember about the incident itself. Be as detailed as possible about what you, the dog, and the owner were doing right before the bite happened.
Keep every piece of paper related to the incident. According to the Insurance Information Institute, the average cost of a dog bite claim in 2023 was $64,555. Strong documentation is key to ensuring you are fairly compensated.
Gather all medical bills, receipts for prescriptions, and an official letter from your employer stating any lost wages. A Los Angeles injury lawyer can help you organize this evidence to ensure nothing critical is missed, making your claim as clear and strong as possible.
Contact a Dog Bite Attorney
Finally, connect with a lawyer who specializes in dog bite cases. Many people hesitate because they worry about the cost, but most personal injury attorneys work on a contingency fee basis.
This means you pay nothing upfront. The lawyer’s fee is a percentage, typically 33-40%, of the final settlement you receive. If you don’t win your case, you don’t owe them a fee.
An experienced attorney handles negotiations with the owner’s insurance company. In 2023, homeowners insurance companies paid out over $1.13 billion for dog bite and injury claims nationwide. Your lawyer understands how this system works and will fight to get you the compensation you deserve for medical bills, lost income, and pain and suffering.
If you’re in California and recovering from a dog bite, don’t wait. Taking quick, informed action is the best way to protect yourself physically and financially. Following these steps and speaking with a skilled attorney will help you navigate the process and start your personal injury claim with confidence.
