A dog bite can leave deep wounds, scars, and lasting fear. If you are looking for a San Diego dog bite lawyer, one of the first questions is who is responsible. In California, the answer is generally the dog’s owner. Lawyers call this strict liability, which means responsibility without having to prove the owner was careless.
At The Law Office of Kevin Lemieux, APC, attorney Kevin Lemieux and our team prepare every case as if it could go to trial. Call (619) 488-6767 or contact us to schedule a free consultation and talk through what happened.
Why Choose The Law Office of Kevin Lemieux, APC After a Dog Bite
Your dog bite case is handled by a trial attorney who knows what a judge or jury expects to see. Kevin Lemieux has been practicing law since 2003, has tried hundreds of cases, and leads trial skills seminars for other lawyers.
That trial focus matters in a dog bite case because California’s strict liability rule answers only one question. Who owns the dog, whether the person bitten had a right to be there, and how the injury affects daily life still have to be shown with evidence, and those are the facts we prepare to prove.
How California’s Dog Bite Law Works
Under Section 3342 of the California Civil Code, a dog’s owner is liable for a bite to a person in a public place or lawfully in a private place, including the owner’s own property. That holds even if the dog had never been aggressive before and even if the owner did not know it could be dangerous.
The statute also defines lawful presence: a person is lawfully on the owner’s property when carrying out a duty under state law or under federal law or postal regulations, as a mail carrier would, or when invited by the owner, directly or by implication. A trespasser is not covered.
A narrow exception also applies to government agencies using dogs in police or military work, and it does not extend to a bystander who had no part in the events that led to the dog’s use. Because the statute names only the owner and covers only bites, other people and other injuries fall under different rules.
What Can a Dog Bite Claim Cover?
The harm a dog bite claim can address generally falls into these categories:
- Medical care: Treatment already received and future care a doctor expects the injury to need.
- Lost income: Wages missed for appointments, recovery, or time away from work.
- Pain, emotional distress, and scarring: The lasting physical and emotional effects of the bite.
How Long Do You Have to File a Dog Bite Lawsuit in San Diego?
California generally allows two years to file a personal injury lawsuit under Section 335.1 of the California Code of Civil Procedure. That filing deadline, known as the statute of limitations, usually starts on the day of the bite, not the day medical treatment ends.
Two situations change the timing. When a government agency owns the dog, a written claim to that agency generally comes first, within six months under Government Code Section 911.2. When the person bitten is under 18, Section 352 of the Code of Civil Procedure generally pauses the clock until the child turns 18, though not for claims against a public entity that require a government claim.
What Steps Help Protect a Dog Bite Claim in San Diego?
Much of the useful evidence is easiest to gather in the days after a bite. Steps that help protect a claim include:
- Medical care and records: An exam treats the wound and documents the injury, even when a bite looks minor.
- Photos: Pictures of the wound, the location, and the dog preserve details that change as injuries heal.
- The owner’s information: A name, address, phone number, and insurance details identify the person the statute holds responsible.
- A bite report: An official report to animal services creates a record that does not depend on anyone’s memory.
- Care with insurance statements: An adjuster for the dog owner’s insurer works for the insurance company, not for the person who was bitten.
Where a bite gets reported depends on where it happened. Within the City of San Diego and several other cities in the county, San Diego Humane Society takes dog bite reports as the animal services provider. The County of San Diego Department of Animal Services covers unincorporated areas.
Frequently Asked Questions About Dog Bite Claims
What If a Dog Knocked Me Down but Did Not Bite?
Possibly. The dog bite statute covers only bites, but an injury from being jumped on or knocked over may still support a claim under Civil Code Section 1714, California’s general negligence rule, which makes people responsible for injuries caused by a lack of ordinary care in managing their property or conduct. Like other negligence-based personal injury claims, that route requires showing the owner was careless.
Can a Landlord or Dog Sitter Be Responsible for a Bite?
Sometimes. The dog bite statute applies only to the owner, so a claim against a landlord or dog sitter depends on general negligence principles, such as what that person knew about the dog and how much control they had over it. A bite on rental or business property can also raise premises liability questions.
Can a Dog Bite Claim Be Brought for a Child?
Yes, though the child does not bring the case alone. Under Section 372 of the Code of Civil Procedure, a minor who is a party to a lawsuit appears through a guardian or a guardian ad litem, an adult the court appoints to act for the child in that case.
Talk to a San Diego Dog Bite Lawyer
Medical appointments, healing wounds, and the worry of walking past a neighbor’s yard can take over daily life after a bite. If you or someone you love was bitten, The Law Office of Kevin Lemieux, APC can look at how California law applies to what happened. Call (619) 488-6767 or contact us today to schedule a free consultation with a San Diego dog bite lawyer.
A dog bite can leave deep wounds, scars, and lasting fear. If you are looking for a San Diego dog bite lawyer, one of the first questions is who is responsible. In California, the answer is generally the dog’s owner. Lawyers call this strict liability, which means responsibility without having to prove the owner was careless.
Your dog bite case is handled by a trial attorney who knows what a judge or jury expects to see. Kevin Lemieux has been practicing law since 2003, has tried hundreds of cases, and leads trial skills seminars for other lawyers.
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