Dog Bites

San Diego Dog Bite Attorney

Under California Civil Code § 3342, the owner of a dog is liable for damages suffered by any person bitten by the dog while in a public place or lawfully in a private place — including on the owner’s own property. This is a strict liability statute. It does not matter whether the dog has ever been aggressive before, whether the owner knew the dog might bite, or whether the owner took precautions. If the dog bit you and you were lawfully present, the owner is liable.

A person is considered lawfully on private property when they are there in the performance of a legal duty (such as a mail carrier or utility worker) or when they are present at the express or implied invitation of the owner. This covers guests, customers, delivery workers, repair technicians, and anyone else who has a legitimate reason to be on the property. The only people typically excluded are trespassers.

California law generally gives you two years from the date of injury to file a personal injury lawsuit. Contact Angelo at (858) 255-1803 or request a free consultation online.

How Angelo Handles Dog Bite Claims

Most dog bite claims are resolved through the dog owner’s homeowners’ or renters’ insurance. Angelo handles the insurance process from start to finish — documenting injuries, managing medical treatment evidence, and negotiating directly with the carrier.

Strict Liability vs. Negligence

California’s strict liability statute (§ 3342) applies specifically to bites. For other dog- related injuries — being knocked down by a jumping dog, tripped by a leash, or injured while fleeing a charging dog — the claim proceeds under a negligence theory, which requires showing that the owner failed to exercise reasonable care in controlling the animal. Angelo evaluates which legal theory applies to your situation and pursues the strongest available path. In many cases, both strict liability and negligence claims can be brought.

Dog Bite Injuries and Complications

Dog bite injuries frequently go beyond the initial wound. Deep puncture wounds carry a high risk of infection, including serious bacterial infections that can require intravenous antibiotics and hospitalization. Bites to the face, hands, and arms — the most common locations — can cause nerve damage, tendon injuries, and permanent scarring that may require reconstructive surgery. Children are disproportionately affected and disproportionately likely to sustain bites to the face and neck.

Beyond the physical injuries, dog bite victims often experience lasting psychological effects — anxiety around dogs, PTSD symptoms, and fear of returning to the location where the bite occurred. California law allows recovery for both physical and emotional damages. Angelo ensures the full scope of your injuries — immediate and ongoing, physical and psychological — is documented and valued in your claim.

Keep reading: Slip and Fall Injuries

Exceptions and Defenses

While § 3342 imposes strict liability, there are limited exceptions and defenses that the owner’s insurance company may raise:

• Trespassing — Strict liability applies only when the victim is lawfully present. A person who is trespassing on private property at the time of the bite may not have a claim under § 3342, though a negligence claim may still be viable.
• Provocation — If the dog was provoked, the owner may argue reduced or eliminated liability. What constitutes provocation — and whether a child is capable of provoking a dog in a legally meaningful sense — is frequently disputed
• Government/police dogs — § 3342(b) provides a limited exception for government dogs used in military or police work, but only when the bite occurred while the dog was performing specific law enforcement functions and the victim was a suspect or participant in the conduct that prompted the dog’s use.
• Veterinary/professional risk — Professionals working with dogs (veterinarians, groomers, kennel workers) may face arguments that they assumed the risk of being bitten.