My neighbor's dog bit me. What are my rights under California dog bite law?

What the Law Says

California imposes strict liability on dog owners under Civil Code § 3342, meaning you do not need to prove negligence, prior knowledge of dangerousness, or that the dog had a history of aggression. If the bite occurred while you were in a public place or lawfully on private property (including your own yard or your neighbor’s property with permission), the owner is automatically liable for all damages resulting from the bite. This statute applies regardless of whether the dog was leashed, confined, or under supervision at the time — the only statutory defenses are if you were trespassing without lawful purpose or engaged in active provocation that directly caused the bite. Importantly, the law covers not just bites but also injuries caused by a dog’s actions during an attack (e.g., falls or lacerations from claws during the same incident).

Practical Steps

First, seek immediate medical attention—even for seemingly minor bites—due to infection risk and to create a documented record of injury. Next, report the incident to local animal control (required by California Health & Safety Code § 121690) and obtain a copy of the report; this triggers mandatory quarantine and vaccination verification. Preserve evidence: take photos of wounds, clothing damage, and the scene; collect witness contact information; and avoid signing releases or accepting informal settlements before consulting counsel. Notify your neighbor’s homeowner’s or renter’s insurance carrier promptly—but do not give recorded statements without legal advice. Finally, consult a personal injury attorney experienced in California dog bite claims within weeks of the incident; while the statute of limitations is two years, critical evidence (e.g., surveillance footage, witness recollection) degrades quickly, and insurance companies often attempt early lowball offers.

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