In 2025, the dog bite cases are highest in California, more than in any other US cities. Iii.org says there were 2,417 dog bite cases in California last year. The figure is going to massively increase this year.
If I ever face a dog bite situation, the first thought I will have is- Can I sue the dog owner for a dog bite?
So it is more important than ever for you to know the basic laws related to dog bites. Did you know that filing a compensation lawsuit for a dog bite is quite easy? A good personal injury attorney will help you to fetch the best claim from the dog owner.
But what are the charges that you can shove upon the dog owner?
With priority, you can bill him or her for your medical costs. Followed by lost wages. In addition, you can also seek financial compensation for the physical pain or emotional distress you went through, after the bite!
# How Can a Personal Injury Lawyer Help?
A qualified California personal injury attorney can help you understand your rights. He’d also guide you through the legal process. The Law Office of Brent D. Rawlings represents dog bite victims and works to secure full and fair compensation.
California Law Has a Dog Attack Injury Scale
If a neighbour dog harassed or bit you lately, I know you’re still thinking- Can I sue the dog owner for a dog bite?
Without getting into the jargon of dog bite law, let’s check out the levels of dog bite that Californian law will acknowledge.
Level 1 Dog Bite
Your dog may behave aggressively or obnoxiously with me at level 1. But it hasn’t bitten me necessarily. Or made any skin contact with the teeth. However, your dog can make contact with the snout, tongue, or skin-to-skin. None of these are eligible for filing.
Simultaneously, there’s a gap you need to know. I should not provoke the dog or instigate it in any way to approach me. For example, I may make aggressive signs or try to hit them. When your dog becomes aggressive at me in return, I stand no chance of filing a case against you!
Level 2 Dog Bite
At this stage, your dog has bitten me. However, there are no visible perforations on my skin, due to its teeth. In other words, it tried to bite me, but couldn’t puncture my skin with the teeth.
Starting from this stage, I am eligible for monetary compensation from you! But why?
The reason is simple. The teeth may not have penetrated. However, there can still be minor cuts, nicks, or scratches on my body from your dog’s attack!
Level 3 Dog Bite
The bite is more prominent at stage 3. More precisely, I have one to four punctures on my skin, from a single dog bite. That would qualify for a level 3 bite.
However, the rule says the penetration of the teeth should not be half the length of your dog’s canine. In stage 3, there may be lacerations as a result of the dog’s movement or its owner’s.
Level 4 Dog Bite
The number of punctures from one bit is the same here. However, there is at least one puncture that is deeper than half the length of the canine teeth of your dog.
Most importantly, any level 4 bite will have a deep cruise on any part of the body.
Level 5 Dog Bite
The dog bite is very severe if it’s a level 5 bite. At this stage, I should have gone through multiple bites from the same dog at the same encounter.
The minimum requirement is two level four penetrations due to the repetitive bites.
Level 6 Dog Bite
This is the final level. If I die from the dog’s attack, then level 6 applies. But how can I sue the dog owner for a dog bite?
After the victim’s death, the immediate family members may take the claim to the court. But you don’t need to worry.
The APDT data says that 99% of the dog bite lawsuits usually complain about a level 1 or level 2 bite. In the worst case, it might be a level 3 bite.
# Exceptions
The usual is not to be taken for granted. There might be exceptional cases where your dog might turn out too aggressive for me to handle.
There is hardly any chance that such a thing may happen. However, legal awareness will help you if you know the dog bite law of California clinically.
In the Soto vs. Barry case, Barry happened to be the first dog owner. He was charged with the murder of a young man from his dog’s bite. However, the man was loitering in his courtyard.
Now, you might ask, how is it solely the dog owner’s fault, if the person came to the defendant’s courtyard with volition?
Here’s something that you need to understand. If you trespass and enter someone else’s private place, you may be charged with a felony, infraction, or simply a misdemeanor.
The Penal Code 602 governs the clauses for trespassing. However, the crime is not registered unless the person did something illegal or harmed you or your property in some way.
So, the person who was killed by Barry’s dog cannot be sued for trespassing. Even if he were guilty, the murder charges are holding and steadfast!
What If the Dog Bite Occurred on Someone Else’s Property?
In California the jury won’t check if the dog bite occurred on the dog owner’s premises or someplace else. If you take your dog out on a stroll and the dog bites someone, you are sued for good!
Imagine I am in a park, a public place. A dog bites me! Now can I sue the dog owner for a dog bite? Certainly, I can!
The Civil Code 3342 clearly says that the dog owners must shoulder full liabilities, in case of a dog bite. The site of the incident doesn’t matter here. However the charges can be waived when the victim was trespassing or charging the dog in some way or the other.
Who are not Trespassers?
The Penal Code 602 says that you are not a trespasser if you entered the premises with a valid purpose. For example, guests, delivery personnel, or other people on business are not trespassers.
Often you may enter someone else’s premises mistakenly. If you prove that you had other legitimate intentions and entered the premises by mistake, the court will not consider you a trespasser.
Are There No Coverages for Trespassers?
The dog owner can still be sued if you have trespassed. If it’s a; level 2 or minor bite, then the trespasser has no claim there. However, the court will see to your interests if you face a level 3, 4, 5, or 6 bites.
To understand your options and build a strong case, it’s best to consult a California personal injury lawyer familiar with dog bite claims.
Why Getting a Dog Bite Attorney as fast as Possible is Important
Can I sue the dog owner for a dog bite? I can, for sure. But I need prompt legal support. A personal injury lawyer can significantly improve my chances of receiving full and fair compensation.
After a dog bite, it’s critical to act quickly to preserve evidence, document injuries, and identify witnesses. Delays can make it harder to prove what happened, especially if medical records, photographs, or witness statements aren’t gathered promptly.
In California, strict liability laws protect dog bite victims, but insurance companies often try to minimize payouts. An attorney can handle communications with insurers on your behalf, preventing you from saying something that could hurt your case or agreeing to a low settlement.
Time is also important because legal claims are subject to statutes of limitations. In California, you generally have two years to file a personal injury lawsuit, but waiting too long can jeopardize your ability to sue.
Hiring a lawyer early means you’ll have someone protecting your interests from day one—helping you recover medical costs, lost income, emotional distress, and any long-term impacts of the injury.
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