California Dog Bite Attorney — Civil Code 3342 Strict Liability

California's strict liability law holds dog owners responsible for bites regardless of the animal's history. No fee unless we recover. Free case review available today.

  • Free case review, no fee unless we recover
  • California strict liability, no prior bite history needed
  • No upfront costs on all animal attack cases
  • Scarring, lost wages, and psychological trauma all documented
  • 30+ years combined experience
CA State Bar Licensed
CLA Member
SLO Chamber Member
BBB Accredited

Free Dog Bite Case Review

No fee unless we recover. Same-week consultations often available.

No fee unless we recover. Free consultations Mon to Fri, 9am to 5pm.

California Is a Strict Liability State. That Matters for Your Case.

Under California Civil Code section 3342, a dog owner is liable for injuries caused by their animal whenever the victim was in a public place or lawfully on private property at the time of the bite. The law does not require proof that the owner was negligent, and it does not require a history of aggression. There is no one bite rule in California. The owner is liable from the first bite.

California Civil Code section 3342 applies to every dog owner in the state. The strict liability rule — which holds owners responsible for bites regardless of prior history — is a statewide law. We handle dog bite and animal attack claims throughout California, not only on the Central Coast. Cases involving serious injuries, significant facial or hand scarring, children, or disputes with homeowners insurers are pursued wherever in California the attack occurred. No fee unless we recover.

This makes California one of the most protective states in the country for people injured by dogs. In practice, it means that if you were bitten on a public trail, a neighborhood sidewalk, a beach, a park, or while visiting someone's home as an invited guest, the owner is almost certainly liable for your medical bills, lost wages, pain and suffering, and any permanent scarring or psychological effects from the attack.

The question is not usually whether the owner is liable. It is how much, and whether you have legal representation to get a fair number rather than the insurance company's opening offer. Dog bite claims handled without an attorney typically settle for 10 to 20 percent of what represented claimants receive. We handle these cases on a contingency basis, meaning you pay nothing unless we recover.

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What Compensation Are You Entitled to After a Dog Bite in California?

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Medical expenses
Emergency care, wound treatment, antibiotics, reconstructive or plastic surgery, physical therapy, and any future treatment related to the injury.
Lost wages
Income you were unable to earn during recovery, including self-employment income documented through returns and business records.
Loss of earning capacity
When injuries affect your ability to work in your field long-term, that reduction in capacity is a compensable damage in California.
Pain and suffering
Physical pain, emotional distress, anxiety, post-traumatic stress, and the effect on your daily life and relationships.
Scarring and disfigurement
Visible scarring carries significant value in California dog bite claims, particularly on the face, hands, or forearms. We engage plastic surgeons to provide written assessments of permanent scarring when its value warrants documentation.
Psychological trauma
Fear of dogs, avoidance of public spaces, nightmares, and behavioral changes following an attack are compensable, particularly in children. Professional psychological treatment is well-documented in California bite settlements.

How Dog Bite Claims Work in Practice

The majority of California dog bite claims settle without going to trial. In most cases, the dog owner's homeowners insurance covers the claim. We file the injury claim directly with the insurer, document damages thoroughly with medical records and photographs, and when appropriate engage expert testimony for permanent injuries. We then negotiate toward a settlement that reflects the real value of your case.

The first offer from an insurance company is almost never fair. Adjusters make low initial offers because they know most unrepresented claimants will accept before understanding what their case is worth. When insurers won't settle fairly, we are prepared to file suit in SLO County Superior Court or Santa Barbara County Superior Court and take the case as far as necessary.

What to Do Immediately After a Dog Bite

Get medical treatment right away.
Even wounds that look minor can become infected within 24 to 48 hours. Emergency treatment also creates the medical record that is foundational to any compensation claim. Sierra Vista Regional Medical Center and French Hospital Medical Center are the main trauma facilities in SLO County.
Get the owner's information.
Name, address, phone, and homeowners or renters insurance information if possible. If the owner will not provide it, call law enforcement.
Report the bite to animal control.
SLO County Animal Services can be reached at (805) 781-4400. For Santa Barbara County incidents, contact Santa Barbara County Animal Services at (805) 934-6456. A report creates an official record and may reveal prior incidents with the same animal.
Document everything.
Photographs of injuries taken immediately and in the days after the attack are critical. Photograph the scene. Get contact information for any witnesses.
Do not give a recorded statement to the owner's insurance company.
You are not required to, and what you say before retaining counsel can reduce your recovery significantly.

Dog Bite Attorney FAQs

My neighbor's dog bit me. Can I still make a claim even though we're neighbors?+
Yes, and this is one of the most common situations. California's strict liability rule applies regardless of the relationship between you and the dog owner. The claim is filed against the owner's homeowners or renters insurance, not against the neighbor personally in most cases. Many clients are relieved to learn that pursuing a claim means holding an insurance company accountable, not suing their neighbor out of pocket.
What if the dog has never bitten anyone before?+
Under California Civil Code section 3342, prior bite history is irrelevant. The owner is liable for the first bite and every bite afterward. California specifically rejected the one bite rule that applies in some other states. You do not need to prove the owner knew the dog was dangerous.
Can I still recover if the owner claims I provoked the dog?+
Provocation is a defense available to dog owners in California, but the bar is high. Normal actions, including petting a dog, walking past one, or making eye contact, do not constitute provocation. The defense generally requires intentional, deliberate teasing or abuse of the animal. We evaluate these defenses carefully and challenge them when the evidence does not support the claim.
How long does a dog bite claim take to resolve?+
Most cases in California settle within 3 to 9 months when liability is clear and your medical treatment has stabilized. We generally prefer to wait until you have completed treatment before accepting any settlement, so we know the full scope of your injuries and future needs. Contested cases that proceed to litigation typically resolve within 12 to 24 months.
What if the dog owner has no homeowners insurance?+
We evaluate all potential sources of coverage including renters insurance, umbrella policies, and in some circumstances the liability of a landlord or property manager who knew the dog was dangerous and allowed it to remain on the property. We also review your own policies for any applicable coverage.
What is the statute of limitations for a dog bite in California?+
Two years from the date of the bite under Code of Civil Procedure section 335.1. For minors, the period does not begin until the child turns 18. For bites involving government-owned animals, a government tort claim must be filed within six months. These deadlines are strict. Missing them permanently bars your right to recover, which is why contacting an attorney promptly matters even if you are still recovering.

You Were Bitten. You Deserve Full Compensation.

Free case review for dog bite and animal attack victims throughout the Central Coast. No fee unless we recover for you. Call today or submit the form above.

Dog Bite Claims Throughout California

Our office is in downtown San Luis Obispo. We handle California dog bite and animal attack claims statewide. Civil Code section 3342 strict liability applies to every California dog owner regardless of county. Cases involving serious injuries, significant scarring, or disputed insurance coverage are pursued throughout the state.

Tardiff & Saldo Law Offices

1235 Palm St, San Luis Obispo, CA 93401

(888) 461-2215

Mon to Fri, 9am to 5pm