Law for Everyone with Donya Noori

By Donya Noori
Southwestern Law School Graduate and Legal Professional with the Law Offices of Camellia Jalilvand

Imagine visiting a friend’s home when the family dog suddenly bites your hand or face. The owner is shocked and says, “My dog has never bitten anyone before.”

Many people assume that if a dog has no history of aggression, its owner cannot be responsible. In California, that is often incorrect.

California’s Dog-Bite Rule

California Civil Code §3342 generally makes a dog owner liable for damages when the dog bites someone who is in a public place or lawfully on private property, including the owner’s property. For qualifying bites, the statute does not require proof that the dog previously attacked someone or that the owner knew the animal was dangerous.

In other words, California does not generally give an owner a “first bite free” before liability can arise under this statute.

What If You Were at the Owner’s Home?

Being bitten on private property does not automatically prevent a claim.

A guest invited to a friend’s home is ordinarily lawfully on the property. Similar issues may arise for people who enter property to perform authorized work or legal duties.

Unauthorized entry, however, can raise different questions and should be evaluated based on the specific circumstances.

What If the Dog Doesn’t Bite?

Suppose a large dog charges toward you and knocks you down without biting. You fall and fracture your wrist.

That case is different.

Civil Code §3342 specifically concerns dog bites. Non-bite injuries may instead involve ordinary negligence principles, including whether the person responsible for the dog used reasonable care in controlling it. California’s general negligence rule is reflected in Civil Code §1714.

What About Provocation?

Strict liability does not mean that the injured person’s conduct is always irrelevant.

The circumstances surrounding the encounter matter. Intentional provocation and other conduct by the injured person can become important issues.

California also follows comparative-fault principles. Where an injured person’s own negligence legally contributed to the harm, damages may be reduced according to that person’s percentage of responsibility.

What Should You Do After a Dog Bite?

Your health comes first.

Animal bites can cause more than visible cuts. Depending on the injury, there may be damage to nerves, tendons, or other tissue, as well as a risk of infection.

Seek appropriate medical evaluation and photograph your injuries. Continue documenting the wound as it heals because bruising, scarring, and other effects can change significantly over time.

Obtain the dog owner’s name, address, and contact information if possible. Get contact information from witnesses and record the exact location of the incident.

Nearby homes or businesses may also have surveillance cameras. Video can disappear quickly, so evidence preservation can be important.

What If the Dog Belongs to a Friend?

This can make the situation emotionally difficult.

An injured person may immediately say, “I don’t want to sue my friend.”

Before making assumptions, however, it may be important to determine whether applicable homeowner’s or renter’s insurance could be involved. Coverage depends on the policy, exclusions, and circumstances of the incident.

Understanding the available insurance is different from assuming that a friend will personally write a check for all damages.

Children and Dog Bites

Dog attacks can be particularly serious when children are involved.

Facial injuries may require future treatment and can leave lasting scars. A frightening attack can also have documented psychological effects.

The emergency-room bill from the first day therefore may not represent the entire impact of the injury.

Future medical treatment, scarring, and other proven consequences may become important when damages are evaluated.

What Compensation May Be Available?

Depending on the facts and evidence, damages in a valid claim may include medical expenses, lost income, and legally recoverable compensation for other economic and noneconomic harm.

There is no automatic dollar amount for a dog-bite case.

The severity and location of the injury, permanent scarring, treatment needs, effect on employment and daily life, and supporting documentation all matter.

Don’t Wait Too Long

California Code of Civil Procedure §335.1 generally provides a two-year limitations period for many personal-injury lawsuits, although exceptions and special rules can alter the deadline in a particular case.

Waiting can create another problem even before a legal deadline expires: evidence disappears.

Witnesses forget details, security footage may be overwritten, and insurance information may become more difficult to obtain.

Photograph More Than the Injury

When it is safe, document the scene as well.

Was a gate open? Was the dog restrained? Was a fence damaged? Did the incident happen on the sidewalk or inside the property?

Those details can become important later.

Never put yourself in danger simply to obtain photographs. Your safety comes first.

Final Thoughts

One of the most common statements after a dog bite is:

“But the dog never bit anyone before.”

That may be completely true, but under California law it does not necessarily end the legal inquiry.

For many bites covered by Civil Code §3342, an injured person does not have to prove that the dog previously attacked someone or that its owner knew it was dangerous.

After an incident, obtain appropriate medical care, document the injuries and scene, identify the owner and witnesses, and preserve available evidence.

A dog bite may last only seconds. Its consequences can last much longer.

About the Author

Donya Noori is a graduate of Southwestern Law School and works with the Law Offices of Camellia Jalilvand in Los Angeles. Her professional experience focuses primarily on personal injury and accident matters.

This article is provided for general educational purposes only and does not constitute legal advice for any particular case.

For questions regarding a personal injury matter, you may contact the Law Offices of Camellia Jalilvand and request to speak with Donya Noori.