What Happens If My Dog Bites Someone?

If you have a dog, you probably see it as a sweet companion and part of your family. But sometimes, even the friendliest dogs can bite. What happens if your dog bites someone in California?

When your dog bites someone, it can be scary and confusing. You may worry about getting in trouble with the law, paying for someone’s injuries, or even losing your dog. Below, we will answer some simple questions so you know what to expect and how to protect yourself and others. For more information, call our office today to speak with a Los Angeles dog bite lawyer today.

Why Is California So Strict About Dog Bites?

California has strong laws that protect people who get bitten by a dog. Under California Civil Code Section 3342, dog owners are strictly liable if their dog bites someone in a public place or when the person is lawfully on private property. “Strictly liable” means you are responsible no matter what. It does not matter if your dog has never bitten anyone before. It does not matter if you had no idea your dog might bite.

The reason for this law is simple. The state wants to make sure people who are bitten by dogs can get help right away. Medical bills, lost wages, and pain from a dog bite can be big problems. The law tries to ensure the injured person does not have to fight too hard to get fair compensation.

Do I Have To Pay If My Dog Bites Someone in California?

Yes. Under California Civil Code Section 3342, the owner of the biting dog is responsible for paying damages, including medical costs, lost wages, and other expenses linked to the bite. This is often covered by a homeowner’s or renter’s insurance policy, but if you do not have such insurance, you may have to pay out of your own pocket.

Remember that California’s strict liability does not allow an excuse like, “My dog never bit anyone before.” If your dog bites someone, you must deal with the consequences.

Can My Dog Get Taken Away From Me?

If your dog bites someone, you have a duty to remove any danger posed by your dog. According to California Civil Code Section 3342.5, if your dog has bitten a human being at least two times before, a person (or even the district attorney or city attorney) may file a request in court. The court may then look at whether you have changed anything to make sure no one else gets hurt.

If the court decides the dog is still a danger, you could be told to follow strict rules. In serious cases, the court might order your dog to be taken away or, in the worst case, destroyed. The law gives courts the power to protect the public from dogs who have repeatedly bitten people or caused severe injury.

What If My Dog Is Trained To Attack?

If your dog is trained to fight, attack, or kill, there can be more serious consequences if it bites someone and causes “substantial physical injury.” Under California Penal Code Section 399.5, officials can hold a hearing to decide if your dog poses a grave danger. If the court decides your dog is too dangerous, it could be ordered removed from your care or put down.

There may also be criminal penalties in these serious cases. That means you could face fines or even jail time if you were reckless or failed to use “ordinary care” to stop your trained dog from hurting someone.

Do I Have To Share My Information After A Bite?

Yes. California Penal Code Section 398 says that after a dog bite, the owner must give the injured person their name, phone number, address, and details about the dog’s vaccinations. You must do this within 48 hours of the incident. This helps the person who was bitten get proper medical care and follow-up, especially if there is any risk of rabies or infection.

Could I Face Criminal Charges If My Dog Bites Someone in California?

In California, you can face criminal charges under certain conditions. For instance, if your dog has bitten someone twice or if it has caused serious physical injury, you might be accused of failing to exercise ordinary care or not properly restraining your dog. If you are found guilty under California Penal Code Section 399.5, you might face jail time or fines.

Still, there are a few exceptions. If the person bitten was trespassing on your property, or if the dog was provoked, you may not be found liable. For example, if someone climbs over your fence in the middle of the night to break in, the laws may not hold you accountable in the same way.

Are There Any Defenses For Me As A Dog Owner?

Even though the law is strict, there can be defenses. One defense is if the person bitten was illegally on your property. Another is if they provoked your dog by teasing, hurting, or scaring it.

However, proving someone trespassed or provoked your dog might not always be simple. You will need evidence or witnesses. If you believe you have a valid defense, you should speak to a California dog bite lawyer to see if it applies to your case.

What If My Dog Bit Someone In My Home?

Some people think that if a bite happened inside their own home, that changes things. But it doesn’t—strict liability covers bites that happen on public property or lawfully on private property. If a guest, plumber, or friend’s child is in your home with your permission and your dog bites them, you are still responsible.

Can I Prevent My Dog From Being Taken Away?

If your dog has bitten someone, the law wants to see that you are making changes so it does not happen again. The court may require extra safety measures, like:

• Building a taller fence
• Installing secure gates
• Using a muzzle in public
• Getting professional dog training

The more serious or repeated the bites, the more likely the court might consider removing the dog permanently. If your dog has bitten someone once, it is smart to take action quickly—add proper fencing, train your dog, and follow all local rules.

Will My Dog Be Considered “Dangerous” Or “Vicious”?

There are laws about “potentially dangerous” or “vicious” dogs in California Food & Agricultural Code Sections 31621 and 31626. If your dog has been reported for biting or acting aggressively multiple times, animal control might label it as potentially dangerous or vicious.

• A potentially dangerous dog has shown aggressive behavior, chased people, or bitten someone (but not severely).
• A vicious dog has seriously hurt or killed someone or another animal or continues to show dangerous behavior even after being labeled “potentially dangerous.”

Once a dog is labeled, there may be special rules, like keeping it in a secure area or always using a muzzle. If the dog keeps biting, it may be taken away or destroyed.

How Can A California Dog Bite Lawyer Help?

Dealing with a dog bite incident can feel overwhelming. You may worry about lawsuits, your dog’s future, or even criminal charges. A California dog bite lawyer is someone who knows the state’s strict dog bite rules and can help you understand your rights.

They can:

• Talk with insurance companies
• Help you avoid common mistakes
• Argue for you if you have a valid defense (like trespassing or provocation)
• Guide you through any court hearings
• Make sure you handle important deadlines and paperwork

Need Help? Contact a California Dog Bite Lawyer Today!

Dog bite cases can be serious, and you deserve the right advice. Here at BANA LAW, we proudly serve all of California. If you or someone you love is dealing with the aftermath of a dog bite, our team is ready to help you understand your options. We will walk you through every step and fight to protect your interests.

Hablamos Español. Call us 24/7 for a FREE CONSULTATION, or contact us online. Let us help you find the best way forward—so you can care for your dog responsibly while safeguarding yourself, your family, and others in the community. Remember, injuries unravel your life. We piece it back together.