
What to Do After a Dog Bite in California
Published on / Category: Personal Injuries
Dog bite incidents in California are taken seriously — and with good reason. A single bite can lead to severe injuries, disfigurement, trauma, and lasting medical costs. That’s why state law imposes strict liability on dog owners and allows local authorities to step in when public safety is at risk.
If you’ve been bitten, you may be wondering what legal consequences the dog’s owner could face — and whether the dog will be declared dangerous or put down. While euthanasia isn’t automatic, it can be the outcome in severe or repeated cases.
This article explains what happens after a bite, what legal protections victims have, and when the owner may face civil or criminal penalties under California law. If you or a loved one has been attacked, knowing your rights is the first step to holding the dog’s owner accountable.
Here is the Quick Answer:
In California, dog owners are strictly liable for bites, and victims can seek compensation even if it’s the dog’s first offense. A dog usually isn’t put down after one bite — but serious injuries, prior attacks, or owner negligence can trigger legal consequences, including criminal charges or euthanasia. If you’ve been bitten, act quickly to document your injuries, report the incident, and speak with a personal injury lawyer to protect your rights and pursue compensation.
Will a dog be put down for biting someone?
Not every dog that bites someone in California will be euthanized — but in some cases, it can happen. The outcome depends on several factors, including the severity of the bite, whether the dog has a history of aggression, and how local animal control authorities respond.
For first-time, non-severe bites, a dog is typically quarantined for observation, usually for 10 days, to rule out rabies. The owner may also face fines or be required to complete behavior training and leash compliance.
However, if the attack causes serious injury or disfigurement, or if the dog has previously bitten someone, animal control can step in and begin the process of declaring the dog “dangerous” or “vicious.” In such cases, a hearing may be scheduled to determine if the dog should be removed from the owner or euthanized to protect public safety.
These decisions are not made lightly — but they are grounded in California’s commitment to preventing further harm. The way the dog owner responds, whether they complied with leash laws, disclosed the dog’s behavioral history, and took steps to prevent harm, will also weigh heavily in the investigation.
If you or someone you care about has been bitten by a dog, it’s critical to report the incident and seek both medical and legal guidance. You may be entitled to compensation, and your action could help prevent another attack.
Understanding the Dog Bite Law in California
California has one of the strictest dog bite statutes in the US. Under Civil Code § 3342, dog owners are held strictly liable for injuries caused by their dogs — even if the dog has never bitten anyone before or shown prior signs of aggression.
That means if a dog bites someone in a public place or when the victim is lawfully on private property, the owner is automatically responsible for damages. The injured person does not need to prove negligence or that the owner knew the dog was dangerous.
There are a few exceptions to this rule:
- The person bitten was trespassing
- The dog was a working law enforcement animal
- The injured person was provoking the dog or assumed the risk (e.g., dog trainers or handlers in a professional setting)
- The defendant being sued is not the legal owner of the dog
Even in these situations, victims may still have a case under general negligence law — especially if the owner failed to leash or secure the dog, or ignored known behavioral issues.
If you’ve been bitten by a dog in California, it’s important to document the incident and speak with a qualified personal injury lawyer as soon as possible. Strict liability gives victims a powerful legal pathway — but insurance companies and dog owners often try to minimize the harm or avoid responsibility.
Liability After a Dog Bite in California
In California, dog bite liability is straightforward: if a dog bites someone, the owner is almost always responsible. The state’s strict liability law removes the need to prove that the owner was careless — it’s enough to show that a bite occurred in a public place or where the victim had a lawful right to be.
This rule applies regardless of the dog’s past behavior. Even a first-time bite by a previously calm pet can lead to full financial responsibility for:
- Medical bills
- Lost income due to missed work
- Pain and suffering
- Emotional distress or trauma
- Future treatment or plastic surgery
However, when a dog causes harm without biting — for example, knocking someone over or causing an accident by chasing — the case may fall under general negligence, not strict liability. In those cases, the victim must prove that the owner failed to use reasonable care, such as violating leash laws or ignoring known aggression.
Whether strict liability or negligence applies, victims have a right to pursue full compensation. But these cases can quickly become complex, especially if insurance companies resist paying or the dog owner denies fault.
If you’ve been bitten or injured by someone’s dog, a skilled personal injury attorney can help you understand your rights, gather evidence, and fight for the recovery you deserve.
Insurance and Financial Responsibility
If you’re bitten by a dog in California, the dog owner’s homeowners or renters insurance often plays a key role in covering your damages. Most standard policies provide liability coverage for dog bites, typically ranging from $100,000 to $300,000 in protection.
However, there are critical limitations to be aware of:
- Breed restrictions: Some insurers exclude coverage for certain breeds deemed “high risk,” such as pit bulls, Rottweilers, or Dobermans.
- Coverage caps: Even if your injury costs exceed the policy limit, the insurer may only pay up to the maximum stated.
- Policy exclusions: If the policy specifically excludes animal-related incidents or if the dog has a history of aggression, the insurer may deny the claim outright.
If insurance coverage is denied or unavailable, the dog owner becomes personally responsible for the full cost of your injuries. This can include not only immediate medical expenses, but long-term care, lost income, and pain and suffering.
Victims often face resistance from insurance companies trying to minimize payouts or shift blame. That’s why it’s essential to work with personal injury lawyers who understand dog bite litigation and know how to challenge bad-faith tactics or lowball offers.
The right legal strategy can help ensure you aren’t left paying out of pocket for someone else’s negligence.
When can dog owners face criminal charges in California?
In California, dog bite cases don’t always end with civil liability — under certain conditions, dog owners can face criminal charges. The law distinguishes between isolated, minor incidents and situations involving negligence, recklessness, or known dangerous animals.
Failure to Provide Information After a Bite
According to Penal Code § 398, if a dog bites someone, the owner is legally required to provide:
- Their name and address
- Proof of rabies vaccination
- The dog’s license information
Failing to do so is a misdemeanor and can lead to a $100 fine — a relatively minor consequence but one that still reflects the law’s emphasis on accountability.
Charges for Failing to Control a Dangerous Dog
Much more serious consequences apply if the owner knows the dog has dangerous tendencies and fails to restrain it. Under Penal Code § 399, if:
- The owner knowingly keeps a “mischievous animal”
- Fails to exercise ordinary care
- And that failure leads to injury or death
… then the owner may face a misdemeanor or even a felony. If the dog’s actions result in death, the charge is automatically a felony.
Felony Charges for Repeated or Severe Attacks
California Penal Code § 399.5 targets cases involving “vicious dogs” or animals trained to attack or kill. A dog owner may face felony prosecution if:
- The dog causes serious injury in a single attack
- Or it bites two separate people on different occasions
- And the owner knew the dog was dangerous and failed to act responsibly
Penalties can include:
- Up to 4 years in prison
- Fines up to $10,000
In short, while criminal charges aren’t the norm in dog bite cases, they do apply when there’s a pattern of aggression, owner negligence, or failure to control a known risk.
If you or a loved one was seriously injured in a dog attack, especially by a dog with a known history of aggression, a seasoned personal injury lawyer can help you understand your legal options — including the possibility of supporting a criminal investigation alongside a civil claim.
What if the dog had a history of aggression?
In California, dog owners are held strictly liable for most bites — but when a dog has shown signs of aggression before, the legal consequences can be far more serious for the owner.
As a bite victim, it’s important to know if:
- The dog has bitten someone in the past
- Neighbours or others have reported aggressive behaviour
- The dog has been labeled “potentially dangerous” or “vicious” by animal control
- The owner ignored leash laws, warnings, or prior orders
Why this matters:
If a dog bite happens after previous incidents or clear red flags, the owner may face enhanced civil liability or even criminal charges under California law. It also strengthens your case for maximum compensation, especially in cases involving:
- Permanent disfigurement
- Emotional trauma (especially in children)
- Lost income from missed work
- Long-term medical care or therapy
An experienced personal injury attorney can help uncover these prior complaints or violations by subpoenaing animal control records, speaking with witnesses or neighbours, and reviewing prior legal actions or citations.
If you or a loved one has been bitten, don’t assume it was a one-time mistake. There may be a pattern of dangerous behaviour — and you deserve full protection under the law.
Need Legal Guidance After a Dog Bite Incident?
If you or someone you love has been injured by a dog, the physical pain is just the beginning. Medical bills, lost wages, and emotional distress often follow — and the legal process can be confusing and stressful without the right help.
At Prestige Law Firm, our experienced dog bite lawyers are here to fight for the compensation you deserve. We specialize in helping victims across California hold negligent dog owners accountable and recover damages for:
- Emergency and long-term medical care
- Lost income or reduced earning ability
- Pain, suffering, and psychological trauma
- Scarring or permanent disfigurement
California’s strict liability laws favour the injured — but proving fault, negotiating with insurers, and calculating damages still require skill and persistence.
Our legal team offers:
- Direct access to seasoned attorneys
- Aggressive negotiation and trial readiness
- No fee unless we win your case
- Step-by-step guidance through the claims process
Call (818) 788-0808 or (661) 341-3939 or email us at paul@prestigelaw.com to schedule a free consultation.
Let our dog bite lawyers at Prestige Law take the burden off your shoulders — so you can focus on healing while we fight for justice.
Conclusion
No one expects to be the victim of a dog bite — but when it happens, the physical, emotional, and legal consequences can be serious. In California, the law offers strong protections for victims, especially under the state’s strict liability rules.
While dog owners may claim it was an accident or that the animal had never shown aggression before, that doesn’t change your right to seek compensation for your injuries. Medical bills, time off work, trauma — they all add up, and you shouldn’t have to bear those burdens alone.
At Prestige Law Firm, we stand with victims. Whether the bite caused scarring, emotional harm, or required emergency care, our team of experienced attorneys will help you understand your legal options, build a strong claim, and fight for the full compensation you’re entitled to.
Don’t wait to get help. Contact Prestige Law Firm today for trusted, experienced support.
Can animal control take a dog after it bites someone?
Yes. If the bite is serious or the dog has a history of aggression, animal control may step in. They can quarantine the dog for rabies observation or, in some cases, impound the dog while an investigation is conducted.
Can I sue a dog owner if their dog bit me?
Absolutely. California’s strict liability law allows victims to pursue compensation from the dog’s owner, even if the dog has never bitten anyone before. You may be entitled to damages for medical costs, lost wages, pain and suffering, and more.
How do I prove a dog owner was negligent?
In cases where strict liability doesn’t apply (like injuries from a dog knocking someone over), you’ll need to show that the owner failed to act reasonably — such as ignoring leash laws, prior warnings, or signs of aggression.
What if the dog has bitten before?
Prior bites or aggression reports strengthen your case. A pattern of dangerous behavior may also expose the owner to criminal charges or increase your compensation in a civil lawsuit.
Do I need a lawyer after a dog bite?
Yes. A personal injury lawyer can gather medical evidence, calculate damages, negotiate with insurers, and build the strongest possible case. Legal support is especially important if you’re facing long-term injury or trauma from the attack.
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