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Dog bites can lead to serious injuries, emotional trauma, and unexpected financial challenges. At Caputo & Van Der Walde, we understand how overwhelming these incidents can be. As a California-based personal injury law firm, we are committed to helping dog bite victims understand their rights and pursue fair compensation.
California dog bite laws are among the most victim-friendly in the country, but it is essential to understand the legal protections available, the responsibilities placed on dog owners, and how we support clients throughout the legal process.
In California, dog bite cases are governed by a strict liability statute. Under California Civil Code Section 3342, a dog owner is legally responsible for injuries their dog causes by biting, regardless of whether the dog has shown aggressive behavior in the past or whether the owner was aware of any danger.
This means that the owner can be held liable as long as the dog bite attack occurred in a public place or while the victim was lawfully on private property. Unlike other states that follow the “one-bite rule,” California does not require proof of prior incidents.
Because of California’s strict liability law, you do not need to prove negligence or a history of aggression. If you were lawfully present and the dog bit you, you likely have a valid claim under state law.
Although California’s strict liability law generally favors victims, several important exceptions may limit or eliminate a dog owner’s legal responsibility. We always take the time to carefully examine these exceptions when evaluating a case, as they can significantly impact the outcome of a claim.
If the dog bite victim was trespassing on the dog owner’s property when the bite occurred, the strict liability law may not apply. California law requires that the victim be legally present on private property to hold the dog owner liable. This means that someone who enters a property without permission, such as a trespasser or intruder, may not have the legal standing to file a dog bite claim under Civil Code Section 3342.
In these situations, we investigate whether the property owner had appropriate signage, whether the dog was restrained, and whether the victim had any implied or explicit invitation to be on the premises. Even if strict liability does not apply, we may explore a negligence-based claim if circumstances support it.
The dog owner may not be held fully liable if the victim provoked the dog through abusive or aggressive behavior. Provocation can include hitting, kicking, teasing, or threatening the dog in a way that causes it to react defensively. In legal terms, this is known as a comparative fault scenario, where the victim’s actions contributed to the incident.
When provocation is claimed, we thoroughly review witness statements, surveillance footage (if available), and animal control reports to determine whether the defense is valid. Even in cases involving some provocation, partial compensation may still be possible depending on the degree of fault assigned to each party.
If the dog involved was a military or police service animal engaged in official duties at the time of the bite, the owner (typically a law enforcement agency) may be exempt from liability. This exception applies only when the dog is performing tasks such as apprehension, investigation, or protection under the direction of a trained handler.
However, the protection does not apply if the dog was not acting in a law enforcement capacity or if the bite occurred while the dog was off duty. We assess whether the dog was clearly identified as a service animal, whether it was part of a lawful operation, and whether appropriate care was taken to prevent bystander harm. These cases often involve nuanced facts, and we diligently evaluate whether immunity applies.
Professionals who work with animals, such as veterinarians, veterinary technicians, groomers, dog walkers, and kennel staff, are generally considered to have assumed the risk of dog-related injuries during their employment. California courts have held that individuals in these roles accept certain dangers inherent in their profession, including the possibility of a dog bite.
However, this assumption of risk is not absolute. If a dog owner fails to disclose a known history of aggression or a vicious dog, or if the injury occurs due to unsafe conditions or misconduct unrelated to the job itself, liability may still exist. We evaluate each case individually and explore whether insurers are misapplying or overstating the assumption of risk doctrine.
We believe that education is empowerment. Many clients come to us unsure of their rights after a dog bite. Under California dog bite law, victims have a right to pursue compensation and to be protected from further harm.
If a dog has bitten you, you have the right to hold the dog’s owner accountable. Compensation may cover your medical bills, lost income, emotional distress, and any future costs associated with the injury. Even if the dog has never shown signs of aggression before, you still have the right to file a claim under California’s strict liability rule.
We always advise our clients to act quickly after a dog bite to protect their health and legal rights. Here are the steps we recommend:
Just as victims have rights, dog owners have responsibilities. California’s laws are designed to ensure that dog owners take reasonable precautions to prevent their animals from harming others.
As we explain to many of our clients, dog owners in California are automatically liable for any injuries their dog causes through biting. This applies whether the bite happened in a public park or on private property, as long as the victim was lawfully present.
Owners may also face additional penalties or legal restrictions if the dog has a history of aggression or has bitten someone before. Some cities even impose special rules for certain breeds or previously classified “dangerous dogs.”
We encourage dog owners to take preventive steps, such as:
By taking these precautions, dog owners reduce the risk of liability and protect the people around them.
If you’ve been injured by a dog bite, we can guide you through the process of claiming compensation. Our firm handles every stage of the legal process, from documenting injuries to negotiating with insurers and pursuing litigation when necessary.
Filing a claim usually involves working with the dog owner’s homeowner’s or renter’s insurance company. Many of these policies cover dog bite liability. Here’s what the process typically looks like when you work with us:
Every dog bite case is different, but these are the most common types of compensation you may receive to help cover the expenses of your dog bite injuries:
In rare cases, we may also pursue punitive damages if the dog owner acted recklessly or intentionally ignored the law.
At Caputo & Van Der Walde, we take pride in offering aggressive yet compassionate personal injury representation. Our legal team has extensive experience with California dog bite laws and personal injury claims, and we tailor our approach to meet each client’s unique needs.
We offer a full range of services to support victims throughout the legal process. These include:
Many clients come to us overwhelmed, uncertain, and in pain. We aim to lift that burden by handling the legal complexities so you can focus on healing. California dog bite law may seem confusing, but we have the knowledge to help guide you through the process.
Dog bite cases are more than just legal matters; they are deeply personal experiences. We take that to heart in every case we handle. When you contact us, we listen, advocate, and guide you through the legal process professionally and carefully.
Whether your case involves a minor dog bite injury or a life-altering attack, we are committed to helping you pursue full and fair compensation.
Dog bites can turn an ordinary day into a painful and life-changing experience. Fortunately, California law offers strong protections for victims. Whether you’re dealing with mounting medical bills, emotional trauma, or long-term recovery, you don’t have to face it alone.
At Caputo & Van Der Walde, we understand how to navigate the legal system and hold negligent California dog owners accountable. Our team is ready to stand by your side, provide honest legal advice, and fight for the compensation you deserve.
If you or a loved one has been injured by a dog in California, contact us for a free consultation. We’re here to help you move forward and make you feel stronger, safer, and supported every step of the way.
As members of the Multi-Million Dollar Advocates Forum® and the Million Dollar Advocates Forum®, we have proven our ability to negotiate and litigate on behalf of our clients successfully. Retain us to put our tactical strategies to work for you. These skills are what make our legal team such a formidable opponent in any courtroom or negotiation setting.