Short answer: if a dog bit you or your child in Los Angeles County while you were in a public place or lawfully on private property, the dog’s owner is liable for your injuries under California Civil Code section 3342 even if the dog had never bitten anyone before and the owner had no idea it would. The claim is usually paid by the owner’s homeowners or renters insurance, not by the owner personally. If the dog knocked you down, chased you off a bicycle, or injured you without biting, the claim is a negligence claim under Civil Code section 1714 and is still worth pursuing. Abdi & Associates, Inc. helps individuals with dog bite and dog attack claims throughout California: we identify the owner and every policy that may pay, handle the insurer, and make sure the two-year deadline (six months if a public agency is involved) is protected. Free consultation. Call 24/7, English and Spanish: (888) 772-2529. No attorney fee unless there is a recovery.
Do you have a case? Signs that you should call
Most people who are bitten never call a lawyer because they assume the owner is a neighbor, the dog was “usually friendly,” or the injury will heal. These are the situations where a call is worth it:
- The bite broke the skin and you needed medical care: stitches, a wound wash, antibiotics, a tetanus shot, or rabies treatment.
- A child was bitten, especially on the face, scalp, neck or hands, or a child is now afraid of dogs, has nightmares, or will not go outside.
- The dog belonged to a neighbor, a landlord, a business (a store, a groomer, a kennel, a dog walker) or you were bitten while working a delivery, mail, utility or service route.
- The owner or the owner’s insurance company is already calling, offering to “cover the ER bill,” or asking you to sign something.
- You were knocked down, dragged, or chased into traffic by a dog and suffered a fracture, a head injury or a torn ligament, even if you were not bitten.
- The dog had bitten or lunged at someone before, or the owner admitted it “does that sometimes.”
- You are left with a visible scar, nerve damage, or a wound that became infected.
- The owner has not been identified, refused to give a name, or claims the dog is not theirs.
If any of these describes you, call (888) 772-2529. The consultation is free and there is no obligation.
What to do now
- Get medical care the same day. Dog bites are puncture wounds that drive bacteria deep into tissue; infection and scarring are the two most common complications. The medical record is also the foundation of the claim. Tell the provider exactly how the injury happened.
- Identify the dog and the owner. Get the owner’s name, address and phone number, the dog’s name and description, and whether it is vaccinated. If the owner walks away, note the address the dog went into and ask neighbors. If the dog cannot be found, tell your doctor immediately, because that changes the rabies decision.
- Photograph the wounds every day for at least two weeks, with a ruler or coin for scale, plus the clothing that was torn and the place where it happened. Bites look their worst on day two or three and insurers rarely see those photos unless you took them.
- Report the bite to animal control (details below). The report identifies the owner, triggers the rabies quarantine, and creates an official record of the dog’s bite history. Reporting is also what starts the rabies process that Title 17, California Code of Regulations, section 2606 puts in the hands of the local health officer.
- Get witness names and phone numbers, and save any doorbell, phone or security video that captured the attack before it is overwritten.
- Do not accept a quick check or sign a release. An early offer is priced before anyone knows whether the scar will need revision surgery or whether a child will need counseling. Call us before you talk to the owner’s insurer.
California dog bite law: the owner is liable even if the dog never bit before
Civil Code section 3342 makes the owner of a dog strictly liable for the damages suffered by any person who is bitten while in a public place or lawfully in a private place, including the owner’s own property, “regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.” In plain terms, you do not have to prove the owner was careless, that the dog was dangerous, or that anyone knew it was. Under CACI No. 463, the jury instruction that applies the statute, you prove four things: the defendant owned the dog, the dog bit you while you were in a public place or lawfully on private property, you were harmed, and the bite was a substantial factor in causing the harm.
Three details in the statute matter in real cases:
- “Lawfully on private property” includes anyone on the owner’s property to perform a duty imposed by state law or by federal postal regulations (mail carriers, meter readers, inspectors) and anyone there on the owner’s express or implied invitation (guests, customers, delivery drivers walking up to a front door, contractors).
- A bite does not have to break the skin. The authorities collected under CACI No. 463 confirm that it is not necessary that the skin be broken for the statute to apply (Johnson v. McMahan (1998) 68 Cal.App.4th 173, 176), so an insurer that argues there was no puncture wound has not answered the statute.
- Police and military dogs are the statutory exception. Under section 3342(b) through (d), a governmental agency using a dog in police or military work cannot be sued under the strict liability subdivision for a bite that occurs while the dog is defending itself from an annoying, harassing or provoking act, or assisting in an apprehension or holding of a suspect, an investigation, the execution of a warrant, or the defense of a peace officer or another person, but only if the agency has adopted a written policy on the use of the dog and the person bitten was not a party to, participating in, or suspected of the conduct that prompted the use of the dog. A bystander bitten by a police dog may still have a claim, and it runs on the six-month government claim clock described below.
The “one bite rule” myth
People still say California is a “one bite” state, meaning the owner gets a free pass on the first bite. That is wrong for bites. The common law one bite rule (owner liable only if the owner knew or should have known the dog was dangerous) was replaced for bites by section 3342, which applies to the first bite as much as the tenth. Where the one bite rule still lives is in non-bite injuries: if a dog jumps on you, knocks you over, or scratches you, strict liability under the statute does not apply, and the claim proceeds under either negligence or the common law rule in CACI No. 462, which requires proof that the owner or keeper knew or should have known the dog had an unusually dangerous nature or tendency. A dog’s history of lunging, jumping or biting other animals is exactly the evidence that satisfies that rule.
Knocked down, chased or injured without a bite
Civil Code section 1714(a) makes everyone responsible for injury caused to another “by his or her want of ordinary care or skill in the management of his or her property or person.” An owner who lets a large dog off leash in a park, leaves a gate open, or cannot hold a dog that lunges at cyclists is negligent in the management of that dog. Typical non-bite cases in Los Angeles are an older adult knocked down by an unleashed dog (hip and wrist fractures), a cyclist or runner who crashes avoiding a charging dog, and a child pulled off their feet by a leash. Local leash ordinances and the animal control history of the dog are often the proof of negligence.
Who pays for a dog bite injury in Los Angeles
The owner is legally liable, but the owner almost never pays personally. Personal liability coverage under a homeowners or renters policy is the usual source, and it follows the owner, not the location, so a bite at the park or on the sidewalk is still covered by the owner’s home policy. Part of the first call is identifying every policy that may respond.
| Who may be liable | Legal basis | Policy that usually pays |
|---|---|---|
| Dog owner (bite) | Strict liability, Civ. Code § 3342 | Owner’s homeowners, renters or condo policy (personal liability coverage) |
| Dog owner (knocked down, chased, no bite) | Negligence, Civ. Code § 1714; common law dangerous propensity rule, CACI No. 462 | Same homeowners or renters policy |
| Keeper or handler who is not the owner (dog walker, sitter, relative) | Negligence or common law rule for a person who kept or controlled the dog with knowledge of its tendencies | The keeper’s own renters or homeowners policy; a walking or sitting business’s liability policy |
| Landlord of the owner | Negligence, only where the landlord had actual knowledge that the tenant’s dog was dangerous and had the right to have it removed (Uccello v. Laudenslayer (1975) 44 Cal.App.3d 504) | Landlord’s premises or commercial liability policy |
| Business where the bite happened (store, groomer, kennel, daycare, veterinary clinic) | Premises liability and negligence in supervising animals on the premises | Commercial general liability policy |
| Your employer, if bitten on a work route | Workers’ compensation (no fault required), plus a separate claim against the dog owner | Employer’s workers’ compensation insurer for medical care and wage benefits; owner’s policy for the injury claim |
| City, county or other public agency (police dog, animal shelter, public facility) | Government Claims Act; the section 3342 police dog exception may apply | Public entity self-insurance or pool, after a timely government claim |
Landlords. A landlord is not automatically responsible for a tenant’s dog. Under the rule from Uccello v. Laudenslayer, a duty arises only when the landlord has actual knowledge of the dangerous dog and the right to remove it, for example by enforcing a no-pets clause or ending the tenancy. Actual knowledge, not mere constructive knowledge, is required, and there is no duty to inspect for dangerous dogs. Complaints to the manager, prior incident reports and lease terms are the evidence that makes or breaks a landlord claim, which is why we ask about them on the first call.
Breed exclusions and uninsured owners. Some homeowners and renters policies exclude certain breeds, dogs with a prior bite, or animal liability entirely, and some owners have no policy at all. That does not end the case: a second responsible party (a landlord, a business, a keeper) may have coverage, and an uninsured owner remains personally liable. We do not assume there is no coverage until we have seen the policies.
Bitten while working. Delivery drivers, mail carriers, utility workers, home health aides and gig workers are bitten on the job every day in Los Angeles. You have a workers’ compensation claim against your employer’s insurer for medical care and wage loss with no fault required, and a separate claim against the dog’s owner for full damages, including pain and suffering. We handle the workers’ compensation claim in-house and coordinate it with the claim against the dog owner so the two do not undercut each other.
Not sure who owns the dog or whether there is insurance? That is the first thing we sort out. Call (888) 772-2529 for a free consultation.
Defenses: comparative fault, provocation, trespass and assumption of risk
Strict liability is not absolute liability. The authorities under CACI No. 463 confirm that the defenses of assumption of the risk and contributory negligence may still be asserted against a dog bite claim, which in California today means the comparative fault rules described below. In practice the insurer will argue one of these:
- Provocation. That you teased, hit, cornered or stepped on the dog, or reached into a fight. California treats this as comparative fault under CACI No. 405: if the defendant proves you were negligent and that your negligence was a substantial factor in causing your harm, your damages are reduced by your percentage of responsibility, not eliminated. Petting a dog with the owner’s permission, walking past a dog on a public sidewalk, or approaching a dog that appeared calm is not provocation.
- Trespass. The statute covers people in a public place or “lawfully” on private property. A person who was trespassing cannot recover under section 3342, although a negligence claim may still exist in some circumstances. The statute defines lawful presence as being on the property to perform a duty imposed by the laws of this state or by the laws or postal regulations of the United States, or being there on the owner’s express or implied invitation, which covers a delivery driver at the front door, a meter reader and an invited guest.
- Assumption of the risk. Veterinarians, veterinary staff and professional kennel workers who accept a dog for treatment or boarding are treated as having assumed the risk of being bitten by that dog, and strict liability is generally unavailable to them. This is narrow. It does not apply to a customer, a guest, a neighbor or a dog walker bitten by a dog that was not in their professional care.
- Children. A child is held to the standard of a reasonably careful child of the same age, intelligence, knowledge and experience (CACI No. 402), and under the authorities cited there a child under five is incapable of contributory negligence as a matter of law. The “your toddler pulled its ear” defense is far weaker than insurers suggest.
When the victim is a child
Children are bitten far more often on the face and head because of their height, and the injuries are more likely to need plastic surgery and to leave permanent scars. Three rules specific to minors matter:
- The deadline is tolled. Under Code of Civil Procedure section 352(a), the time a person is under the age of majority “is not part of the time limited for the commencement of the action,” so the two-year limit does not start running until the child turns eighteen. There is one critical exception: section 352(b) says the tolling does not apply to claims against a public entity that require a government claim, so a child bitten by a city or county dog or at a public facility still faces the six-month claim deadline.
- A guardian ad litem brings the case. A minor appears in a lawsuit through a guardian ad litem, usually a parent, appointed under Code of Civil Procedure section 372.
- Any settlement needs court approval. A parent’s compromise of a minor’s disputed claim is valid only after the superior court approves it on a petition (Probate Code section 3500), and the court decides how the money is protected until the child is an adult. An insurer that hands a parent a check without this process has not actually settled anything.
Because the deadline is tolled, there is no reason to settle a child’s facial injury before the scar has matured and a plastic surgeon has said whether revision will be needed. We also look for post-traumatic stress in children, which is a compensable injury when it is documented by a treating provider.
Reporting the bite in Los Angeles County: animal control, rabies and dangerous dog hearings
Two agencies matter depending on where you were bitten. Inside the City of Los Angeles, LA Animal Services takes reports through 311 or (213) 473-3231, and its own customer service line for reporting a dangerous animal is (888) 452-7381. In unincorporated Los Angeles County and the cities that contract with it, the County Department of Animal Care and Control takes bite reports through its online service request portal and also directs residents to the County Department of Public Health. Other cities in the county (Long Beach, Pasadena, Burbank, Glendale and others) run their own animal control agencies. If you are not sure which agency covers the location, report to the county and let them route it.
The report matters for four reasons:
- Rabies quarantine. Under Title 17, California Code of Regulations, section 2606, a dog that bites a person is isolated in strict confinement in a place and manner approved by the local health officer for 10 days after the bite (with discretion to release after day five if a veterinarian certifies no signs of disease). The county explains that the quarantine applies even to vaccinated dogs. If the dog is healthy at the end of the period, you do not need rabies treatment; if the dog cannot be found, your doctor will likely recommend post-exposure prophylaxis, which is itself a recoverable medical expense.
- The owner is identified and cannot hide the dog. Health and Safety Code section 121705 makes it a misdemeanor to willfully conceal the location or ownership of an animal that has bitten a person in order to prevent its quarantine. Owners cooperate with animal control far more readily than with the person they bit.
- The owner’s legal duty after a bite. Civil Code section 3342.5 requires the owner of any dog that has bitten a human being to take reasonable steps to remove the danger to other people. Once a dog has bitten on two separate occasions, any person, the district attorney or the city attorney may bring an action to have the court decide whether the conditions have changed enough to remove the danger, and the court may order removal or, if necessary, destruction of the dog. A dog trained to fight, attack or kill that bites a human being and causes substantial physical injury can be the subject of that action after one bite. The bite report is what creates the record of the first bite.
- Potentially dangerous and vicious dog hearings. Under Food and Agricultural Code section 31602, a “potentially dangerous dog” includes a dog that, unprovoked, bites a person causing an injury less than severe, or that on two separate occasions within 36 months forced people to take defensive action off the owner’s property. Under section 31603, a “vicious dog” is one that, unprovoked and in an aggressive manner, inflicts severe injury on or kills a person, or a listed potentially dangerous dog whose owner keeps violating the conditions. “Severe injury” (section 31604) means a physical injury resulting in muscle tears or disfiguring lacerations, or requiring multiple sutures or corrective or cosmetic surgery. The County’s Dangerous Dog Investigations Unit investigates bites and can petition for an administrative hearing that imposes conditions on the owner or, in some cases, orders a vicious dog euthanized. The findings from that process are powerful evidence in the civil case, and we obtain them.
What a dog bite claim can recover
Damages in a dog bite or dog attack case are the same categories as any California injury claim, but the mix is different. There is no formula and no “average” figure; the value depends on the injury, the treatment, the permanence of scarring, and the coverage available. See our guide to how injury claims are valued in California for the general framework. In dog cases we document:
- Emergency care, wound cleaning and closure, tetanus and antibiotics, and rabies post-exposure prophylaxis where the dog was not available for observation;
- Infection (cellulitis, abscess, and less commonly serious systemic infection) and the hospital stays that come with it;
- Plastic surgery, scar revision and laser treatment, including future procedures a surgeon recommends waiting on until a child has finished growing;
- Nerve, tendon and joint injuries to hands and forearms, which are the most common adult bite sites and can affect work;
- Fractures, head injuries and torn ligaments from being knocked down or from falling while fleeing, including catastrophic injuries in attacks by large dogs;
- Psychological injury, including post-traumatic stress and fear of dogs in children, documented through treating providers;
- Lost income and reduced earning capacity, and out-of-pocket costs such as torn clothing, glasses or a damaged phone or bicycle;
- Pain, suffering, disfigurement and loss of enjoyment of life, which are not capped in an ordinary California injury case;
- In a fatal attack, the family’s wrongful death claim.
Deadlines for a dog bite claim in California
| Situation | Deadline | Authority |
|---|---|---|
| Lawsuit against a private dog owner, keeper, landlord or business | Two years from the date of the bite or attack | Code Civ. Proc. § 335.1 |
| Wrongful death after a fatal attack | Two years from the date of death | Code Civ. Proc. § 335.1 |
| Victim is a minor (private defendant) | The two years do not begin to run until the child turns 18 | Code Civ. Proc. § 352(a) |
| Police dog, shelter dog, or bite at a public facility (city, county, school district, other public entity) | Written government claim within six months of the injury; lawsuit within six months after written rejection is delivered or mailed. Minority tolling does not apply. | Gov. Code § 911.2; Gov. Code § 945.6; Code Civ. Proc. § 352(b) |
| Rabies observation of the biting dog | 10 days of isolation after the bite, ordered by the local health officer | Cal. Code Regs., tit. 17, § 2606 |
| Bitten while working: report to employer and file workers’ compensation claim | See our work injury page for the reporting and claim deadlines | Labor Code |
Two years sounds like a long time. In practice the evidence (doorbell video, witness memories, the animal control file, the owner’s insurance information) is easiest to collect in the first weeks, and a six-month government claim deadline can pass while a family is still focused on treatment. Deadlines have exceptions in both directions; confirm yours with an attorney rather than guessing.
How Abdi & Associates can help
Abdi & Associates, Inc. helps individuals with dog bite and dog attack claims throughout California. We evaluate the claim, identify every responsible party and insurance policy, explain the deadlines, and handle the insurers so you can focus on treatment. Where a case calls for it, we work with experienced personal injury trial counsel we trust and stay involved in your case. We work remotely, by phone, video and secure electronic signature, so it does not matter whether the bite happened in Van Nuys, Long Beach, Lancaster or outside Los Angeles County entirely.
On the first call we will ask where and how the bite happened, whether you were on public or private property and why you were there, what you know about the dog and its owner, what treatment you have had, whether animal control has been notified, and whether anyone from an insurance company has contacted you. From there the next steps are: written notice to the owner and any landlord or business to preserve video and records; a request for the animal control and quarantine file; identification of the homeowners, renters or commercial policy; a government claim within six months if any public entity is involved; and a treatment plan that includes a plastic surgery opinion before any settlement is discussed. If the bite happened at work, the workers’ compensation claim is opened in-house at the same time. Consultations are free and confidential, in English and Spanish, and there is no attorney fee unless there is a recovery.
Frequently asked questions
Is the dog owner liable in California if the dog never bit anyone before?
Yes, for a bite. Civil Code section 3342 makes the owner liable for a bite in a public place or while you were lawfully on private property regardless of the dog’s history or what the owner knew. The dog’s prior behavior only becomes an issue in non-bite injuries, where the claim is based on negligence or on the owner’s knowledge of a dangerous tendency.
Who pays for a dog bite injury?
Usually the owner’s homeowners or renters insurance, through its personal liability coverage, which follows the owner wherever the bite happens. A landlord, a business, a dog walker or an employer’s workers’ compensation insurer may also pay depending on the facts. If the owner has no insurance, the owner remains personally responsible.
What is the statute of limitations for a dog bite in California?
Two years from the date of the bite to file a lawsuit against a private owner (Code Civ. Proc. § 335.1). If a public entity’s dog or a public facility is involved, a written government claim is due within six months (Gov. Code § 911.2). For a child bitten by a privately owned dog, the two years do not start until the child turns 18 (Code Civ. Proc. § 352), but that tolling does not apply to government claims.
Can I sue my neighbor or a friend for a dog bite without ruining the relationship?
The claim is presented to their insurance company, which is what the policy is for, and in most cases the owner never pays anything personally. Most neighbors would rather their insurer cover a child’s plastic surgery than have the family absorb it. We handle the communication so you do not have to negotiate with someone you see every day.
What if I was bitten while delivering a package, mail or food?
You were lawfully on the property (the statute specifically covers people performing duties under state law or federal postal regulations and people there by invitation), so section 3342 applies to the owner. You also have a workers’ compensation claim if you were an employee, and the two claims run together. Gig workers should call anyway; whether you are an employee for workers’ compensation purposes is a question we can answer on the call.
Does the dog have to be quarantined, and will it be put down?
A dog that bites a person is isolated for 10 days under Title 17, section 2606 so the health officer can rule out rabies; that is routine and applies to vaccinated dogs too. Whether the dog is declared potentially dangerous or vicious is a separate administrative process under Food and Agricultural Code sections 31601 and following, and destruction is ordered only in the most serious cases. Your civil claim for compensation does not depend on what happens to the dog.
Can I recover if I was partly at fault or the dog was provoked?
Yes. California uses comparative fault, so if a jury finds you partly responsible your recovery is reduced by that percentage rather than eliminated. Ordinary contact with a dog (petting it with permission, walking past it, delivering to the door) is not provocation. Children under five cannot be found contributorily negligent at all.
Can I sue the landlord for a tenant’s dog?
Only if the landlord actually knew the dog was dangerous and had the right to remove it, for example under a no-pets clause or by ending the tenancy. That is the rule from Uccello v. Laudenslayer (1975) 44 Cal.App.3d 504. Prior complaints to the manager or an earlier incident on the property are what make that claim.
Should I accept the owner’s offer to pay my medical bills?
Not without advice. An informal payment usually comes with a release, and it is priced before anyone knows whether the wound will scar, get infected or need revision surgery. Let us look at the offer first; the consultation is free.
Do you handle dog bite cases outside Los Angeles?
Yes. Abdi & Associates helps individuals with dog bite and dog attack claims throughout California, by phone or video, in English and Spanish.
Related pages
- Personal injury in California
- Slip and fall and premises liability
- Los Angeles catastrophic injury lawyer
- Wrongful death
- Third-party claims when you are injured at work
- Workers’ compensation (injured on the job)
- Contact Abdi & Associates
Bitten or attacked by a dog in Los Angeles or anywhere in California? Call (888) 772-2529, 24/7, in English or Spanish, for a free consultation, or use the form below. No attorney fee unless there is a recovery.
Primary sources: Cal. Civ. Code §§ 1714, 3342, 3342.5; Cal. Code Civ. Proc. §§ 335.1, 352, 372; Cal. Gov. Code §§ 911.2, 945.6; Cal. Prob. Code § 3500; Cal. Food & Agr. Code §§ 31601, 31602, 31603, 31604; Cal. Health & Saf. Code § 121705; Cal. Code Regs., tit. 17, § 2606; CACI Nos. 402, 405, 462, 463; Johnson v. McMahan (1998) 68 Cal.App.4th 173; Christian v. Goodwin (1961) 188 Cal.App.2d 650; Uccello v. Laudenslayer (1975) 44 Cal.App.3d 504; Yuzon v. Collins (2004) 116 Cal.App.4th 149; Los Angeles County Department of Animal Care and Control, Protecting People; City of Los Angeles, Animal Services.
Reviewed by Shawn Abdi, Esq., Abdi & Associates, Inc. Published: September 10, 2026. Attorney advertising. This page is general information, not legal advice about your specific situation. Legal deadlines have exceptions; confirm yours with an attorney. Past results do not guarantee future outcomes.
