
Being bitten by a dog can lead to serious injuries and emotional trauma. In California, the law allows victims to pursue compensation by filing a dog bite claim against the owner. However, these claims must be made before the statute of limitations expires. This article explains the statute of limitations for dog bite claims in California and highlights key considerations for pursuing compensation after a dog attack.
The Statute of Limitations for Dog Bite Claims in California
In California, the statute of limitations for filing a dog bite claim is two years from the date of the injury. In other words, a dog bite victim has two years to settle their claim with the owner’s insurance company or file a lawsuit. If no action is taken within this two-year window, the claim will be barred and the victim loses the right to recover damages.
It’s important to note this two-year limit applies specifically to dog bite cases. Other personal injury claims in California may have different statutes of limitations – for example, three years for property damage. The relatively short window for dog bite claims highlights the need to take prompt legal action after an attack. The clock starts ticking on the date of the injury, not when the victim discovers they have a valid claim. Let’s say you were bitten on January 1, 2023, but didn’t realize the extent of your damages or the owner’s liability until a year later. Your statute still expires on January 1, 2025, based on the date of the bite. In cases involving minors injured by a dog bite, California law extends the statute of limitations until they reach the age of majority. This means children have until the age of 18 to file a dog bite claim. Parents or guardians may file on the child’s behalf before this extended deadline.
Proving Liability in Dog Bite Claims
To recover damages in a California dog bite case, you must prove:
- The dog owner owed a duty of care to prevent bites
- The owner breached this duty through negligence
- The bite caused your damages
California employs a legal doctrine called “strict liability” for dog bites. This means the owner is liable regardless of whether they were actively negligent. However, there are exceptions where the owner won’t be strictly liable:
- The victim was trespassing or provoking the dog
- The dog was working for the military or police
- The incident occurred in a veterinary office
Barring these exceptions, California dog owners are liable when:
- Their dog has a history of aggression or biting and they take no preventative measures
- They fail to restrain their dog in public
- They neglect proper training and socialization
The strict liability doctrine makes it easier for victims to recover damages without proving the owner’s negligence. However, you still must file the claim on time and show the bite directly caused your injuries and other losses.


Factors That Can Affect a Dog Bite Claim
There are several important factors that may impact a dog bite claim in California, including: Provocation – If the victim somehow provoked or aggravated the dog prior to the bite, the owner’s liability may be reduced or eliminated. However, the provocation must be intentional and extreme to absolve the owner. Merely startling or annoying the dog would not be considered legally sufficient provocation. Multiple Responsible Parties – Many dog bite cases involve shared liability. For example, a dog may bite someone in a veterinary clinic or grooming facility. The business may share liability along with the owner if the incident resulted from negligent supervision or dangerous conditions on the premises.
Municipal Liability – Cities and counties may share liability if the bite occurred due to failure to enforce animal control laws and leash ordinances. However, strict requirements apply to establish municipal liability. Insurance Coverage – Homeowners insurance and renters insurance generally cover dog bite claims, up to the limit of the policy. But coverage can be denied if the policy has a breed-specific exclusion or the dog has a history of aggression. Settlements vs. Lawsuits – Most dog bite claims settle through negotiations before a lawsuit is ever filed. However, sometimes a lawsuit becomes necessary if the owner contests liability or offers an unreasonably low settlement.
Recovering Damages in Dog Bite Injury Claims
Dog bites often lead to substantial costs for medical treatment, lost income due to missed work, emotional distress, and permanent scarring or disability. Under California law, dog bite victims have the right to recover both economic and non-economic damages. Economic damages that may be claimed after a dog bite include:
- Medical bills from hospitalization, surgery, therapy, etc.
- Prescription medications and medical equipment
- Lost income and reduced earning capacity
- Cost of hiring help for household activities you can no longer perform
Noneconomic damages – harder to quantify but just as significant – may consist of:
- Pain and suffering
- Emotional trauma
- Diminished quality of life
- Disfigurement from bite scars
- Loss of companionship for family members
Punitive damages may also be claimed if the owner acted maliciously or with reckless disregard for public safety. These are meant to punish the defendant, rather than simply compensate the victim. To prove your losses, be sure to keep detailed records of medical costs, lost wages, and the impact on your personal life. Photograph bite wounds and scars to document the physical damage. Witness statements and animal control reports establishing the owner’s liability will also support your dog bite claim.
Consult a Dog Bite Attorney Before the Statute Expires
- Investigating the circumstances of the bite
- Documenting your injuries and other losses
- Determining insurance coverage and additional sources of compensation
- Negotiating a favorable settlement with the owner
- Filing a lawsuit if negotiations reach an impasse
Pursuing fair compensation can restore your sense of justice and provide much-needed funds to cover damages. But the clock is ticking – call our office today for a free consultation if you or a loved one has suffered a dog bite injury. We’ll carefully review your case and advise you of the best legal options before the statute of limitations expires. Don’t wait to get the personalized counsel you deserve. Visit one of our offices at:
- 21777 Ventura Boulevard Suite 263, Woodland Hills, CA 91364
- 15000 7th Street Suite 201, Victorville, CA 92395
- 8889 West Olympic Boulevard, 3rd Floor, Beverly Hills, CA 90211 Or call us today for a free consultation on (888) 922-8399.



