Catastrophic Injury · Dog Attacks
California Dog Attack Attorney
Civil representation for adults and children seriously injured by dog attacks in California. The state's strict-liability statute makes these cases more straightforward than most negligence claims — but the medical and emotional impact often justifies serious case preparation.
Strict liability. Clean legal theory. Significant damages when serious.
California's strict-liability statute
California Civil Code § 3342 creates strict liability for dog owners whose dog bites a person in a public place or lawfully in a private place. The statute does not require the victim to prove the owner knew the dog was dangerous (the so-called "one bite rule" that applies in some other states). The fact of the bite, lawful presence, and ownership are typically the elements. This makes California one of the most plaintiff-friendly jurisdictions for dog bite cases.
Cases that go beyond the bite
Many dog-attack cases involve more than the bite itself:
- Children with facial scarring requiring multiple reconstructive surgeries
- Mail carriers, delivery workers, and meter readers attacked while on duty
- Joggers, walkers, and cyclists attacked in public
- Neighbors and visitors attacked on residential property
- Multiple-dog attacks producing severe trauma
- Knockdown injuries from large dogs (broken bones, head injuries) — California courts have extended liability beyond bites to other negligence theories for these
Beyond strict liability — additional theories
Where the bite did not occur on a public place or where additional defendants are involved, we evaluate parallel theories: common-law negligence (premises liability for landlord-knowledge cases under Uccello v. Laudenslayer 44 Cal.App.3d 504); negligence per se based on local leash-law violations; and landlord liability where a landlord had actual knowledge of a tenant's dangerous dog and failed to act.
Damages
- Medical expenses (emergency care, reconstructive surgery, scar revision, dental work)
- Future medical expenses (especially for child victims who will require additional procedures as they grow)
- Lost earnings during recovery
- Pain and suffering, including PTSD and fear of dogs
- Permanent scarring and disfigurement (often the dominant non-economic element)
- Punitive damages in extreme cases (Cal. Civ. Code § 3294)
Insurance coverage
Most dog-bite claims are covered by the dog owner's homeowner's insurance or renter's insurance. Some policies exclude specific breeds; others cap dog-bite liability. Multiple-dog or commercial-property cases may involve umbrella or commercial policies. Coverage analysis is part of every case workup.
Common Questions
What is California's statute of limitations on dog bite cases?
Two years for personal injury (Cal. Code Civ. Proc. § 335.1). For minors, the statute is tolled until age 18, with two years to file thereafter (Cal. Code Civ. Proc. § 352).
My child was bitten — should we wait until they're older?
Generally no. Evidence becomes harder to develop, witnesses move, and treating providers' records become scattered. Pursuing the claim early protects both the legal record and the funds available for ongoing medical care.
What if the attack happened at a friend's house — do I really want to sue?
The lawsuit is functionally against the friend's homeowner insurance, not their personal assets. Most homeowners carry coverage for exactly this reason. Many friendships survive these claims because the financial exposure falls on the carrier.
What if the dog had never bitten before?
Under Cal. Civ. Code § 3342, the dog's prior history is generally irrelevant. Strict liability applies regardless. Prior history may matter for additional damages or for landlord liability claims, but it is not required to recover.
For a confidential review of your case:
“The cases we take are cases where the medical proof can carry the damages. That is not rhetoric — it is the test every file gets at intake.”
Law Offices of David L. Milligan · Fresno, California
Important: This page is provided for general educational purposes only and does not constitute legal advice. Submitting an inquiry does not create an attorney–client relationship; that relationship is formed only by a written agreement signed after we evaluate the matter for conflicts and merit. Past results do not guarantee future outcomes. Statutory citations are illustrative; the legal framework applicable to a specific case depends on the facts. The Law Offices of David L. Milligan is licensed in California.