Dog Bites and Homeowners Insurance: Filing a Claim in California

Imagine taking a leisurely stroll through your neighborhood when suddenly, a dog darts out and bites you. In California, dog bite incidents are more common than you might think, with the state leading the nation in the number of claims. According to the Insurance Information Institute, California saw 2,104 claims in 2023, totaling $143.3 million in settlements. If you’re a victim, understanding your rights and how homeowners insurance plays a role is crucial.

California’s Strict Liability Dog Bite Law

California operates under a “strict liability” rule regarding dog bites, as outlined in California Civil Code Section 3342. This means that a dog owner is responsible for the damages their dog inflicts if the bite occurs in a public place or while the victim is lawfully on private property, including the dog owner’s property. This applies regardless of the dog’s past behavior or whether the owner knew the dog might be dangerous.

What does “lawfully on private property” mean?

A person is considered lawfully on private property if:

They are performing a duty imposed by state or federal law (e.g., postal worker).
They are on the property at the owner’s invitation, either expressed or implied (e.g., a guest).

Homeowners Insurance Coverage for Dog Bites

Homeowners insurance policies in California often include coverage for dog bite liability, typically ranging from $100,000 to $300,000. This coverage can help pay for medical expenses, legal costs, and potential settlements if you’re bitten by a dog. Renters insurance may also offer similar coverage.

However, it’s essential to review the dog owner’s specific policy, as some policies may:

Require homeowners to opt into specific pet liability coverage.
Impose breed restrictions, excluding certain breeds deemed high-risk (e.g., Pit Bulls, Rottweilers, German Shepherds).

If the dog owner’s insurance doesn’t cover the bite or the dog breed, you may need to pursue a claim directly against the dog owner.

Filing a Dog Bite Claim: Step-by-Step

If you’ve been bitten by a dog, here’s how to navigate the claims process:

Seek Medical Attention: Your health is the priority. Get immediate medical attention, even if the bite seems minor. Document all injuries with photos.
Identify the Dog and Owner: Obtain the dog owner’s name, address, and contact information. Also, get details about the dog’s breed and vaccination history.
Report the Bite: Report the incident to your local animal control and the local health department. Reporting the bite helps protect others and ensures the dog is quarantined for observation.
Gather Evidence: Collect all relevant information, including:
- Medical records and bills
- Photos of your injuries
- Witness statements
- Police or animal control reports
- Contact the Insurance Company: If the dog owner has homeowners or renters insurance, contact their insurance provider to report the incident and begin the claims process.
- Consult an Attorney: Before agreeing to any settlement, consult with a dog bite attorney. An attorney can evaluate the fairness of the offer and negotiate on your behalf to ensure you receive adequate compensation.

What Damages Can You Recover?

In California, dog bite victims may be entitled to compensation for various damages, including:

Medical Expenses: Covers emergency treatment, ongoing care, and future medical needs.
Lost Wages: Compensation for income lost due to the injury.
Pain and Suffering: Monetary compensation for physical pain and emotional distress.
Scarring and Disfigurement: Additional compensation for permanent scars or disfigurement.
Property Damage: Reimbursement if personal property was damaged during the incident.

Strict Liability Exceptions

While California is a strict liability state, there are exceptions where the owner may not be liable:

Trespassing: If you were trespassing on the property when the bite occurred.
Provocation: If you provoked the dog.
Lawful Duty: If the dog was a police or military dog performing its duty.

Statute of Limitations

In California, the statute of limitations for filing a dog bite claim is two years from the date of the injury. If you don’t file a lawsuit within this timeframe, you may lose your right to recover damages. However, if the victim is a minor, the statute of limitations may be tolled (delayed) until they turn 18, giving them until their 20th birthday to file a claim.

Comparative Negligence

California follows a “comparative negligence” rule. This means that even if you were partially at fault for the dog attack, you can still receive compensation. However, your compensation will be reduced by your percentage of fault. For example, if you provoked the dog, your award might be lower.

Average Dog Bite Settlement

The average dog bite settlement in California can vary widely depending on the severity of the injuries and other factors. Settlements can range from a few thousand dollars to hundreds of thousands of dollars. The average dog bite settlement in California was approximately $68,125 in 2023.

The Role of an Attorney

Navigating a dog bite claim can be complex, especially when dealing with insurance companies. An experienced dog bite attorney can help you:

Investigate the circumstances of the bite.
Document your injuries and losses.
Determine insurance coverage and potential sources of compensation.
Negotiate a fair settlement with the insurance company.
File a lawsuit if necessary.

Conclusion

Being bitten by a dog can be a traumatic experience, leading to physical and emotional scars. Understanding California’s dog bite laws and how homeowners insurance applies is essential for protecting your rights and seeking the compensation you deserve. If you or a loved one has been a victim of a dog bite, consulting with a qualified personal injury attorney can provide invaluable guidance and support throughout the claims process.