Dog Bite Attorney
If you or a loved one has suffered a dog bite in California, our legal team is here to hold negligent owners accountable and secure the compensation you need to recover.
Expert Dog Bite Personal Injury Attorneys
At Benji Personal Injury, we advocate fiercely for victims of dog bites throughout Los Angeles, Orange County, Riverside, San Bernardino, and Ventura. Whether the attack happened in a neighborhood, public park, or rental property, our attorneys are equipped to investigate the incident, prove liability, and demand the maximum compensation you’re owed.
Settlement
Personal Injury Attorneys For Dog Bite Cases in California
Written by Daniel Benji, Esq. head attorney of Benji Personal Injury Accident Attorneys A.P.C.
“When a dog bite turns your life upside down, you need a legal team that moves quickly, knows the law, and puts your recovery first.”
- Legal Rights After a Dog Bite in California
- How Our Dog Bite Attorneys Help California Victims
- Common Dog Bite Injuries and Their Impact
- What To Do After a Dog Bite in California
- Dog Bites Involving Children
- Statute of Limitations in California Dog Bite Cases
- Who Can Be Held Liable For a Dog Bite
- Evidence That Supports a Dog Bite Claim
- Types of Compensation You May Be Entitled To
- Frequently Asked Questions About California Dog Bite Claims
Dog bites can result in serious injuries, infections, permanent scarring, and lasting trauma. Across California, these incidents happen in homes, public parks, apartment complexes, and workplaces—often with little warning. Whether the attack involved a friend’s pet, a loose dog in your neighborhood, or an animal encountered while on the job, California law allows victims to pursue financial compensation.
At Benji Personal Injury, our experienced attorneys help dog bite victims throughout Los Angeles, Orange, Riverside, San Bernardino, and Ventura counties navigate the legal process and secure compensation for their injuries. We offer compassionate support and aggressive representation for adults and children harmed by dangerous dogs.
Under California Civil Code Section 3342, dog owners are strictly liable when their dog bites someone, regardless of the dog’s prior behavior. This means:
- The victim does not need to prove the dog was dangerous
- It does not matter if the owner had no prior knowledge of aggression
- The incident must occur in a public place or when the victim was lawfully on private property
In addition to strict liability, victims may also have a case based on negligence, especially if the dog was roaming freely, if the owner violated leash laws, or if others like landlords or pet handlers failed to prevent the attack.
Strict Liability for Dog Owners
California is a strict liability state when it comes to dog bites. This means that a dog owner is automatically responsible for any injuries caused by their dog biting someone, even if:
- The dog has never bitten before
- The dog was not considered dangerous
- The owner had no knowledge of aggression
- The bite occurred in a public place or when the victim was legally on private property
This makes California’s dog bite law one of the most favorable for victims, as you do not need to prove the owner was negligent or that the dog had a history of aggression.
Key point: You must be lawfully present at the location where the bite occurred. Trespassers typically are not covered under this law.
When Negligence Applies in Dog Bite Cases
While strict liability covers most scenarios involving bites, negligence laws also allow victims to pursue additional damages in situations that go beyond the bite itself. You may have a negligence claim if:
- The dog was not restrained in violation of local leash laws
- The dog had a known history of aggression but was left unattended
- The owner ignored complaints or failed to take reasonable steps to control the animal
- The dog escaped due to poor fencing or an unsecured gate
- The bite occurred during the course of business (e.g., at a store or rental property)
In these cases, proving negligence involves showing that the owner (or another responsible party) failed to exercise reasonable care to prevent foreseeable harm.
Liability of Third Parties Beyond the Dog Owner
In some cases, individuals other than the dog owner can be held liable for dog bite injuries. This includes:
- Landlords or property managers who knew about a dangerous dog on their premises and did not act
- Dog walkers or pet sitters who were in control of the dog at the time of the incident and acted carelessly
- Businesses or organizations that allowed an aggressive dog on-site without appropriate precautions
- Parents of minors who owned or were handling the dog
These claims often rely on general negligence principles and require evidence that the party knew or should have known the dog posed a risk.
Bites Without Physical Contact
In rare cases, California courts may recognize dog-related injury claims even when there is no physical bite, for example:
- A dog chases a bicyclist, causing a crash and injury
- A dog lunges at a person, resulting in a fall or sprain
- A dog’s violent behavior causes emotional distress, especially in children
While strict liability does not apply to these situations, negligence and premises liability laws may still allow the victim to recover damages.
Trespassing and Comparative Fault
Under California law, dog owners are generally not liable if the victim was trespassing or provoking the dog. However, in some cases:
- A victim who was partially at fault may still recover compensation under California’s comparative fault rules
- The court may reduce the damages awarded based on the victim’s percentage of fault
It is crucial to work with an attorney who can argue against exaggerated claims of provocation or trespass by the defense.
Summary of Your Rights
If you were bitten by a dog in California and you were lawfully present at the time, you likely have a valid claim. Your rights include the ability to:
- Seek medical expenses and future care costs
- Demand compensation for pain, suffering, and emotional trauma
- Hold both the dog owner and third parties accountable where appropriate
- File a claim without having to prove prior aggression or fault
An experienced dog bite attorney can help ensure your rights are fully protected under both strict liability and negligence laws.
We understand the physical and emotional toll that a dog attack can cause. Our firm provides full-service legal support, including:
- Investigating the attack and identifying liable parties
- Gathering medical records, witness statements, and prior incident reports
- Negotiating with insurance providers
- Filing lawsuits when necessary and preparing for trial
- Ensuring you receive appropriate care and compensation
Many victims are entitled to damages for medical bills, lost wages, pain and suffering, plastic surgery, and emotional distress. In cases involving children or disfigurement, compensation can be substantial.
Dog bites are not always surface wounds. Injuries may require hospitalization, surgery, long-term therapy, and mental health support. Common injuries include:
- Deep puncture wounds and torn skin
- Nerve damage or tendon injuries
- Facial trauma and disfigurement
- Rabies or bacterial infections
- Post-traumatic stress disorder (PTSD), especially in children
The road to recovery can be long, which is why legal representation is critical in securing the financial support you need.
Taking the right steps after a bite can make a major difference in your recovery and legal case. Here’s what to do immediately:
- Seek Medical Attention: Get treated right away, even for minor bites. Infections and hidden damage are common.
- File A Report: Contact animal control or local law enforcement to report the bite.
- Document The Incident: Take photos of your injuries, the location, and the dog if possible.
- Get Witness Information: Collect names and contact details of any bystanders.
- Avoid Speaking To Insurance Adjusters: Let your lawyer handle all communication with the dog owner or their insurer.
- Contact An Attorney Promptly: Early involvement ensures critical evidence is preserved and deadlines are met.
Children are among the most frequent and most severely affected victims of dog attacks. Injuries often occur to the face, head, or neck and can have long-term psychological effects. Our team works with pediatric specialists, child trauma experts, and plastic surgeons to ensure each child receives proper care and their family receives full compensation.
The statute of limitations for filing a dog bite lawsuit in California is two years from the date of the incident. In cases involving children, the timeline may be extended until the child turns 18.
Failing to file within this timeframe can result in the loss of your right to recover damages. Early action also helps secure evidence before it is lost or erased.
In California, the following parties may be legally responsible:
- Dog owners (under strict liability)
- Landlords or property managers (if they knew about a dangerous dog and failed to act)
- Pet sitters or dog walkers (if negligent handling led to the attack)
- Homeowners (in cases involving guests or service providers)
- Commercial property owners (if a dog is kept at a business and attacks a customer or vendor)
Our attorneys evaluate every angle to determine which parties can be held accountable.
Building a strong claim requires collecting as much documentation as possible. Our team can help secure the following:
- Medical records and treatment plans
- Photographs of injuries and recovery progress
- Eyewitness statements
- Incident or police reports
- Proof of prior attacks or complaints about the dog
- Veterinary and vaccination records
- Lost wages or work absences
- Psychological assessments and therapy documentation
Dog bite victims in California may be eligible to recover compensation for:
- Medical expenses (hospitalization, surgery, medications, physical therapy)
- Future medical care (plastic surgery, infection treatment, counseling)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress and trauma
- Disfigurement or permanent scarring
- Property damage (if applicable, such as torn clothing or broken glasses)
Do I have to prove the dog was dangerous?
No. California’s strict liability law does not require proof that the dog had previously bitten anyone or shown aggression.
Can I still sue if I was on private property?
Yes, if you were lawfully on the property (e.g., guest, delivery driver, worker), you are protected.
What if the dog owner doesn’t have insurance?
We explore all avenues for recovery, including homeowners insurance, renters insurance, or direct legal action.
What if I was partially at fault?
If you provoked the dog or ignored posted warnings, your compensation may be reduced. We help evaluate and challenge these defenses.
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