California holds dog owners responsible. Wear Trial Law makes sure they are.
A dog bite happens in seconds and can change a life. Deep puncture wounds, torn tissue, nerve damage, infection, scarring, and, especially for children, lasting fear. Many victims are bitten by a dog belonging to a neighbor, a friend, or a family member, and hesitate to make a claim because they do not want to cause trouble.
You should know two things. First, California law is on your side: in most cases, a dog owner is responsible for a bite whether or not the dog had ever shown aggression before. Second, dog bite claims are almost always paid by the owner’s homeowner’s or renter’s insurance, not out of the owner’s pocket. Making a claim is not an attack on your neighbor. It is the reason they carry insurance.
Michael Wear knows dangerous dogs from the other side of the table. As a Marin County prosecutor, he served as the County’s Dangerous Animal Hearings Coordinator, working closely on the hearings that determine whether a dog that has bitten or attacked is declared dangerous and what restrictions are imposed on its owner. He has seen how these attacks happen, how owners explain them away, and what the records show.
Michael represents dog bite victims and their families throughout Marin and the Bay Area. You work directly with him from the first conversation to the final resolution.
California’s Dog Bite Law: Strict Liability
Most states require a bite victim to prove the owner knew the dog was dangerous. California does not. Under California Civil Code section 3342, the owner of a dog is liable for damages when the dog bites someone who is in a public place or lawfully in a private place, including the owner’s own property. It does not matter whether the dog had bitten anyone before, and it does not matter whether the owner was careful.
This is called strict liability, and it means the central question in most dog bite cases is not whether the owner is responsible but how much the injury is worth.
There are limits. The strict liability statute applies to bites, not to other injuries a dog might cause, such as knocking someone down. It does not protect trespassers, and it does not apply to police or military dogs performing their duties. An owner may also argue that the victim provoked the dog. But even where the statute does not apply, an owner, a landlord, or a property owner may still be liable under ordinary negligence principles, particularly if they knew the dog was dangerous and failed to control it.
Who Can Be Held Responsible
Depending on the facts, responsibility for a dog attack may extend beyond the person holding the leash:
- The dog’s owner, under strict liability for bites and under negligence for other injuries.
- A person keeping or controlling the dog, such as a dog walker, sitter, or family member, if they were negligent.
- A landlord who knew a tenant’s dog was dangerous and had the ability to remove it or require its confinement.
- A property or business owner, such as a dog-friendly store, park operator, or boarding facility, that failed to take reasonable precautions.
Identifying every responsible party matters because it determines what insurance coverage is available and how fully you can be compensated.
Injuries Dog Attacks Cause
Dog bites are not minor injuries. Wear Trial Law handles cases involving:
- Puncture wounds and lacerations requiring stitches or surgery
- Nerve, tendon, and muscle damage
- Facial injuries and permanent scarring, particularly in children
- Infections, including sepsis and rabies exposure requiring treatment
- Crush injuries from large-breed attacks
- Fractures and injuries from being knocked down or dragged
- Post-traumatic stress, anxiety, and a lasting fear of dogs
- Fatal attacks and wrongful death
Children are bitten more often than adults, and their injuries are more often to the face and head. A child’s scarring and psychological trauma deserve a lawyer who will take them seriously and pursue the full, long-term cost of the injury.
What Compensation Covers
A dog bite claim can recover:
- Emergency care, surgery, and follow-up medical treatment
- Plastic surgery and scar revision, including future procedures for growing children
- Counseling and psychological treatment
- Lost wages and lost earning capacity
- Pain, suffering, disfigurement, and loss of enjoyment of life
- In fatal cases, wrongful death damages for the family
Insurers routinely undervalue dog bite claims, particularly the long-term cost of scarring and the psychological impact on children. Michael builds each case with the evidence needed to prove what the injury will actually cost over a lifetime.
Why Michael Wear
Few personal injury lawyers have worked inside the system that regulates dangerous dogs. As Marin County’s Dangerous Animal Hearings Coordinator, Michael worked closely on the administrative hearings held after a dog bites or attacks: the animal control investigations, the bite histories, the owner testimony, and the findings that declare a dog dangerous or vicious. That experience gives him a practical understanding of how bite incidents are documented, what animal control records reveal about a dog’s prior conduct, and how to use those records to prove an owner knew, or should have known, the risk.
He is also a career trial lawyer who spent more than 15 years as a felony prosecutor. Insurance companies know the difference between a lawyer who settles and a lawyer who tries cases.
Dog bite cases at Wear Trial Law are handled the same way as every other case: personally. Michael, not a case manager, investigates the attack, deals with the insurer, and stands beside you if the case goes to trial. Cases are handled on a contingency fee: you pay no attorney’s fee unless there is a recovery, and how case costs are handled is explained in writing before you sign anything.
What to Do After a Dog Bite
- Get medical care immediately, even for a bite that seems minor. Dog bites carry a high risk of infection, and prompt treatment also documents the injury.
- Identify the dog and its owner. Get the owner’s name, address, and, if possible, the dog’s vaccination status.
- Report the bite to the local animal control agency where the bite occurred. The report creates an official record, may trigger a dangerous animal investigation, and protects the next person the dog encounters.
- Photograph everything: the wounds as they heal, the location, the dog if it is safe to do so, and any torn clothing.
- Get witness names and contact information.
- Do not give a recorded statement to the owner’s insurance company before speaking with a lawyer.
- Keep records of every medical visit, prescription, missed workday, and expense.
Frequently Asked Questions
FAQ
No. California’s strict liability statute makes the owner responsible for a bite regardless of the dog’s history. The owner does not get a “free first bite.”
Almost never. Dog bite claims are generally covered by the owner’s homeowner’s or renter’s insurance policy. The claim is against the insurer, not your neighbor’s savings.
You may have both a workers’ compensation claim and a personal injury claim against the dog’s owner. The two claims are handled differently, and Michael can explain how they interact.
Strict liability applies only to bites, but you may still have a negligence claim against the owner, especially if the dog was off-leash or had a known history of aggressive behavior.
Generally two years from the date of the bite for an adult. For a child, the two-year period generally does not begin to run until the child turns 18, but evidence and witnesses fade, so families should not wait.
Provocation is a common defense. It does not automatically defeat a claim; it may reduce the recovery under California’s comparative fault rules. Michael will evaluate the facts and the evidence before the insurer frames the story.
After a serious bite, animal control may hold an administrative hearing to determine whether the dog should be declared “potentially dangerous” or “vicious” under California law and what conditions to impose on the owner. The hearing is separate from your injury claim, but the investigation file and findings can be powerful evidence. Michael coordinated these hearings for Marin County and can help you participate effectively and obtain the records.
Yes, in important ways. Children’s injuries are more often facial, scarring may require revision surgery as the child grows, and psychological trauma can be significant. Any settlement for a minor must be approved by a court, which protects the child’s recovery. Michael has spent his career working with child victims and handles these cases with particular care.
Bitten by a Dog? Talk to Michael.
Speak directly with Michael Wear in a free, confidential consultation. He will listen to what happened, explain your options, and tell you whether you have a case.
Request a Consultation