Most bites come from a dog owned by a neighbor, a friend, or a relative. Williams & Gasparian Law represents bite victims, including children, across Los Angeles County as well as the rest of California.
California makes dog owners responsible for bites whether or not the dog had ever shown aggression. In most cases the owner's homeowners or renters insurance pays the claim, not the owner personally. That is why making a claim does not have to end a friendship.
Common Dog Bite Situations
The law treats these situations differently, so how the bite happened matters.
- Off-leash dogs. In parks, on sidewalks, or in apartment courtyards where leash rules were ignored.
- Dogs that get out. Through an open gate, a broken fence, or a door left ajar.
- Delivery and service workers. Mail carriers, drivers, meter readers, and repair technicians bitten while doing their jobs.
- Children at a friend's or relative's home. Children are bitten on the face or head more often than adults, and the injuries are harder to hide.
- Knocked down or chased. A dog that causes a fall or a bicycle crash without biting can still create a claim.
- Dogs with a history. Prior complaints or bites make the owner's responsibility even clearer.
What You May Be Able to Recover
California law lets a bite victim claim two kinds of losses.
Economic losses
- Emergency treatment, stitches, and antibiotics
- Plastic surgery or scar revision, now or years later
- Counseling, especially for children
- Wages lost while you recovered
- Torn clothing, glasses, or other property
Non-economic losses
- Physical pain
- Scarring or disfigurement
- Fear of dogs, nightmares, or anxiety
- Loss of enjoyment of daily activities
Scars from a bite can change over time, and a child's scar may need revision as they grow. We account for future treatment before we value a claim. We do not quote case values on this site.
California Rules That Affect Dog Bite Cases
- Strict liability for bites
- Civil Code section 3342 makes the owner responsible for a bite that happens in a public place or while the victim is lawfully on private property, regardless of whether the dog had ever been aggressive before. You do not have to prove the owner was careless.
- Exceptions
- The strict liability rule does not protect a trespasser, and it does not apply to police or military dogs doing their work. A person who provoked the dog may be assigned a share of fault.
- Injuries other than bites
- If a dog knocked you down, chased you into traffic, or caused a fall without biting, the claim is based on negligence. Whether the owner knew the dog was likely to do that becomes important.
- Landlords
- A landlord is usually not responsible for a tenant's dog unless the landlord knew the dog was dangerous and had the power to have it removed.
- Reporting the bite
- Bites should be reported to the local animal control agency. Reporting creates a record and may lead to a quarantine period for rabies observation. It does not mean the dog will be put down.
- Deadline to file
- You have two years from the bite to file a lawsuit. For a child, that two-year period generally does not begin until the child turns 18, but waiting is never a good idea because evidence disappears. If a public agency is involved, a much shorter claim deadline applies, usually six months, even for a child.
- Insurance
- Most claims are paid by the owner's homeowners or renters policy. Some policies exclude certain breeds, which we check for early.
What Happens After You Call
Five stages, from the first phone call to the day the case closes.
A free consultation
You tell us what happened. We tell you whether you have a case and what we would do first. No charge, no obligation to hire us.
Investigation
We gather the police or incident report, photos, witness statements, medical records, and video. When a case calls for it we bring in accident reconstructionists or treating physicians.
Dealing with the insurance companies
Once you hire us, insurers deal with us instead of you. We handle the calls, the letters, and the requests for recorded statements. You focus on treatment.
Negotiation or a lawsuit
When your treatment has gone far enough to know what your losses are, we send a demand. If the insurer will not pay a fair amount, we file a lawsuit and prepare the case as if it will be tried.
Resolution
Most cases settle. Some go to trial. Either way, we explain every offer to you in plain terms, and the decision to accept or reject it is yours.
Questions People Ask Us
You do not have to do anything. If the bite left you with medical bills, scarring, or time off work, though, a claim is usually paid by your neighbor's insurance, not by your neighbor.
Reporting starts an animal control process, which usually means a quarantine period and a record of the bite. Euthanasia decisions are made by animal control based on the dog's history and the severity of the attack, not by your injury claim.
A parent or guardian brings the claim on the child's behalf, and a court must approve any settlement to make sure it protects the child. Scars on a child often need treatment years later, which the settlement should account for.
You may still have a claim, based on the owner's negligence rather than the strict liability bite rule. An owner who let a large or excitable dog run loose can be responsible for a fall it caused.
You can file a workers' compensation claim through your employer and also bring a claim against the dog's owner. The two are separate, and the second can cover losses the first does not.
We work on a contingency fee. You pay no fee up front, and our fee is a percentage of what we recover for you. If we recover nothing, you owe no attorney fee. You owe nothing for case costs either.
Talk to a Dog Bite Lawyer in Glendale
If you or your child was bitten anywhere in California, call us or send the form. We will review what happened at no charge.
