California Dog Bite Law: Can You Sue for a Minor Injury?

Each year, millions of people in the United States sustain dog bite injuries, with California consistently ranking among the states with the highest number of dog bite claims. According to the Insurance Information Institute, U.S. insurers paid out $1.12 billion in dog-related injury claims in 2023. Given the prevalence of dog bite incidents, it’s crucial to understand your rights and legal options, especially when dealing with what might seem like a “minor” injury.

Understanding California’s Strict Liability Dog Bite Law

California operates under a “strict liability” dog bite law, as outlined in California Civil Code § 3342. This means that a dog owner is liable for damages if their dog bites someone in a public place or lawfully on private property, regardless of the dog’s past behavior or the owner’s knowledge of any potential aggression [3, 14, 15]. In other words, the owner is responsible even if the dog has never bitten anyone before [14]. This is a significant departure from the “one-bite rule” in some other states, which traditionally gave a dog owner a pass the first time their dog bit someone [3, 4, 15].

Key elements of California’s strict liability law:

The bite must occur in a public place or while the victim is lawfully on private property: This includes the dog owner’s property if the person is there as an invitee or has a legal right to be there, such as a postal worker [3, 7].
The injury must be the result of a bite: While the law primarily addresses bites, California courts have recognized that the skin doesn’t necessarily need to be broken for liability to exist. Bruises or nerve damage can also be grounds for a claim [6].
The owner is liable regardless of the dog’s history: It doesn’t matter if the dog has never shown aggression before; the owner is still responsible [14, 15].

Can You Sue for a Minor Dog Bite in California?

Yes, you can sue for a minor dog bite in California [5, 17, 18, 19]. The law doesn’t differentiate between severe and minor injuries [5, 17]. Even if the bite seems superficial, it can still lead to medical expenses, emotional distress, and potential long-term consequences [5, 18]. A minor dog bite can still affect you psychologically and leave permanent emotional scarring as well as physical scarring [17].

What Constitutes a “Minor” Dog Bite?

A “minor” dog bite typically involves injuries such as:

Surface puncture wounds or scratches [9].
Nicks or slight bleeding [2].
Bruising or nerve damage without broken skin [6].
Tissue damage that may not be immediately visible [5].

Even without noticeable marks on the skin, a dog wrapping its jaws around your arm could cause tissue damage that might not appear during a surface examination [5].

Compensation for Minor Dog Bite Injuries

Even for minor dog bites, you may be entitled to compensation for:

Medical expenses: This includes the cost of initial treatment, follow-up care, antibiotics, and any necessary cosmetic procedures [2, 5].
Pain and suffering: This covers the physical pain and emotional distress caused by the bite [2, 5].
Lost wages: If you had to miss work due to the injury or related medical appointments, you can recover lost income [5, 17].
Emotional trauma: Dog bites can be terrifying, leading to anxiety, fear of dogs, or even post-traumatic stress disorder (PTSD) [5, 18].

Settlements for minor dog bite injuries can vary, but they often range from $10,000 to $25,000, especially if minimal medical treatment is needed [9]. However, the specific circumstances of your case, including the severity of the bite, the extent of medical treatment, and the long-term effects, will influence the final settlement amount [9, 12].

Exceptions to Strict Liability

While California’s dog bite law is strict, there are exceptions [4, 6, 10, 20]:

Trespassing: The strict liability law doesn’t apply if the victim was trespassing on private property [3, 6, 14, 15]. However, even trespassers may be able to recover compensation if they can prove the dog owner was negligent or knew the dog was dangerous [15].
Provocation: If the victim provoked the dog, the owner may not be liable [5, 6, 10, 18, 19]. Provocation must be intentional and directly cause the dog to bite [5].
Law enforcement dogs: Suspects cannot sue law enforcement for injuries sustained from a police dog bite, unless an innocent bystander is injured [10].
Veterinarians and kennel workers: These professionals assume a certain level of risk when working with animals and may not be able to sue for strict liability, although they may have grounds for a negligence claim [10].

Steps to Take After a Dog Bite

If a dog bites you, even if it seems minor, take the following steps:

Seek medical attention: Clean the wound thoroughly with antibacterial soap and water, and seek professional medical attention to prevent infection and assess any potential tissue damage [17].
Report the bite: Report the incident to local animal control or law enforcement [2, 19]. This creates an official record of the bite and helps ensure the dog is properly quarantined and examined for diseases like rabies [8].
Gather information: If possible, get the dog owner’s contact information, as well as the dog’s breed and vaccination records [2].
Document your injuries: Take photos of the bite wound and any resulting injuries [19].
Contact an attorney: Consult with a personal injury attorney experienced in dog bite cases to understand your legal options and protect your rights [3, 12, 17, 18, 19].

Statute of Limitations

In California, the statute of limitations for filing a dog bite lawsuit is two years from the date of the incident [3, 8, 9, 17]. If you fail to file a lawsuit within this timeframe, you may lose your right to seek compensation [3, 9, 17].

Conclusion

Even seemingly minor dog bites can have significant physical and emotional consequences. California’s strict liability law provides important protections for dog bite victims, ensuring that owners are held responsible for their dogs’ actions. If you’ve been bitten by a dog in California, it’s essential to understand your rights and take appropriate action to protect your health and well-being. Contacting a qualified personal injury attorney can help you navigate the legal process and pursue the compensation you deserve.