California law gives people injured by dog bites important protections. In many cases, a dog owner may be responsible even if the dog had never bitten anyone before and the owner did not know the dog might be dangerous.
Our San Jose dog bite lawyers represent adults, children, and families injured in animal and dog attacks throughout San Jose, Santa Clara County, and the Bay Area. We can investigate who owned or controlled the dog, review available insurance coverage, gather evidence about the attack, and help you pursue compensation supported by your injuries and losses.
Call (800) 800-0000 or contact us online for a free case evaluation. There is no cost to speak with us, and you pay no attorney fees unless we recover compensation for you.
California Dog Bite Law in San Jose
California Civil Code § 3342 generally holds a dog owner liable when their dog bites someone who is in a public place or lawfully on private property. The law specifically states that liability can apply regardless of the dog’s previous viciousness or whether the owner knew the dog might be dangerous.
A person may also be considered lawfully on private property when they were invited there, either expressly or implicitly, or were performing certain duties required by law.
Does California Have a One-Bite Rule?
No. California’s dog bite statute does not require the injured person to show that the dog previously bit someone.
That means an owner cannot necessarily avoid responsibility simply by saying, “My dog has never done this before.” Our attorneys can review the circumstances of the bite and explain how California law may apply.
Who May Be Liable for a San Jose Dog Bite?
The dog owner is often the primary party involved in a California dog bite claim. However, the circumstances surrounding an attack can sometimes require a broader investigation.
For example, we may need to determine:
- Who owned or controlled the dog
- Where the attack occurred
- Whether the injured person was lawfully on the property
- Whether another person’s conduct contributed to the incident
- What insurance policies may apply
When an attack occurs at an apartment complex, rental property, business, or another property controlled by someone other than the dog owner, additional facts may need to be reviewed before determining whether another party could potentially share responsibility.
Why Choose The Barnes Firm for a San Jose Dog Bite Case?
A dog bite claim may involve questions about California liability law, insurance coverage, property access, and the extent of the injuries. Our attorneys can handle those issues while keeping you informed throughout the process.
When you work with us, you have access to:
- Local attorneys serving San Jose and the Bay Area
- More than 40 attorneys nationwide
- 500+ years of combined legal experience
- More than 150,000 accident and injury cases handled
- Over $2.5 billion recovered in verdicts and settlements for clients
- Experience handling dog bite and other personal injury claims
- Free case evaluations
Our Oakland-Bay Area office is located at 555 12th Street, Suite #1470, Oakland, CA 94607. We serve clients throughout San Jose and the greater Bay Area, and our attorneys can travel to meet with clients when needed.
Insurance Coverage for San Jose Dog Bite Claims
Many dog bite claims are handled through liability insurance rather than requiring the injured person to seek payment directly from the dog owner.
Depending on the circumstances and policy terms, homeowners or renters insurance may provide coverage for a dog bite claim. Coverage is not automatic, however. Policy exclusions, limits, and other conditions can affect what insurance is available.
We can investigate the available coverage, communicate with insurers, and review whether additional sources of insurance may apply.
Evidence That Can Support a Dog Bite Claim
Dog bite cases often turn on straightforward but important evidence showing who owned the dog, where the attack occurred, and how the injuries affected the victim.
Useful evidence may include photographs of the injuries, medical records, witness information, photos or video of the location, communications with the dog owner, animal control records, insurance information, and documentation of lost income or other financial losses.
Evidence about the dog’s history may also become relevant in certain situations, even though California’s dog bite statute does not require a previous bite.
Compensation After a Dog Bite in San Jose
A dog attack can result in puncture wounds, lacerations, scarring, nerve injuries, fractures, and other physical harm. A medical provider can evaluate the injuries and determine what treatment may be appropriate.
Depending on the facts of the claim, compensation may be available for:
- Medical expenses
- Future care supported by medical evidence
- Lost wages
- Reduced earning ability
- Scarring or disfigurement
- Pain and suffering
- Emotional distress
- Other documented losses related to the attack
Every dog bite claim is different. The compensation available depends on the injuries, available insurance coverage, and other evidence supporting the claim.
How Long Do You Have to File a Dog Bite Claim in California?
California generally gives an injured person two years from the date of the injury to file a personal injury lawsuit.
Different deadlines can apply depending on the circumstances, and waiting can also make evidence more difficult to obtain. Witnesses may become harder to locate, records can be lost, and photographs or other evidence may no longer be available. We can review when the attack occurred and help determine which deadlines may apply to your claim.
Contact a San Jose Dog Bite Lawyer
If you or your child was bitten by a dog in San Jose or elsewhere in the Bay Area, our attorneys can help you understand your legal options.
Our San Jose dog bite lawyers can investigate who owned or controlled the dog, identify available insurance coverage, gather evidence, communicate with insurers, and help you pursue compensation supported by your injuries and losses.
Call (800) 800-0000 or contact us online for a free case evaluation. Your consultation is free, and there are no attorney fees unless we recover compensation for you.
Our team of attorneys want to hear from you.
If you’ve been injured in a car accident, slip and fall, construction accident, or have suffered another type of personal injury contact our team today.
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What our clients are saying about us
Nichole W.
The Barnes Firm was very friendly, always quick to respond to our calls, emails. When we had any questions or concerns they were there to walk us through everything. Would definitely recommend them to anyone that is looking for an attorney that will honestly fight for you and has your best interest in mind.
San Jose Dog Bite FAQs
You may be able to file a claim if the dog has never bitten anyone before. California’s dog bite statute does not require the dog to have bitten someone previously or the owner to have known that the dog might be dangerous.
California law applies when someone is lawfully on private property, including when they are there by invitation. The specific circumstances of the visit can matter.
Homeowners or renters liability insurance may provide coverage depending on the policy and circumstances. We can investigate what coverage was in effect and determine whether other insurance may also apply.
We offer free case evaluations and handle personal injury cases on a contingency fee basis. Your consultation is free, and there are no attorney fees unless we recover compensation for you.
Written by The Barnes Firm, reviewed by Richard Barnes