Personal Injury
San Francisco Dog Bite and Animal Attack Claims
California’s dog bite rule is stricter than the rule in most states. Susan F. Reyes handles these claims in English and Spanish.
California does not give a dog owner one free bite.
The rule is written into the Civil Code, and it does not depend on whether the animal had ever bitten anyone before or on whether the owner had any reason to think it might.
What the rule actually says
Under California’s Civil Code, the owner of a dog is generally liable for the damages a bite causes, whether or not the dog had previously bitten anyone and whether or not the owner knew of any tendency to do so. The protection applies where the bitten person was in a public place, or lawfully on private property — including the owner’s own property.
That is a meaningfully stricter position than the “one free bite” rule familiar from many other states, where an owner is only responsible once the animal has demonstrated it is dangerous. In California the question is usually not whether the owner should have seen it coming.
There are limits. The rule is specific to bites, and there are recognised situations — trespass, provocation, and certain working police and military dogs among them — where it operates differently. Those are questions for the facts of the particular incident.
Injuries that are not bites
Not every injury involving a dog is a bite. Being knocked down by an animal running loose, or falling while trying to get away from one, causes serious injury regularly — particularly to older people, and particularly on San Francisco’s hills and stairways.
Those claims are generally brought as ordinary negligence claims about how the animal was controlled — whether it was leashed, whether it was secured, whether the owner did what a reasonable owner would have done. The route to a claim is different; the existence of one is not in doubt.
What to do after a bite
Get medical attention. Bite wounds carry a serious infection risk, and treatment records also establish the injury.
Identify the owner and the animal. Names, contact details, and whether the dog is vaccinated. If the owner walks away without giving them, note everything you can and look for witnesses who might know the animal.
Report it. A report to San Francisco Animal Care and Control creates an official record and starts any required observation period.
Photograph the injuries over time. Bite injuries change substantially as they heal, and scarring is often a significant part of the claim. Photographs taken across the weeks that follow are far more informative than a single one taken on day one.
Questions
Common questions
- Does the owner get a free pass for the first bite?
- Not in California. Many states apply a rule under which an owner is only responsible once the dog has shown itself to be dangerous. California’s Civil Code takes a stricter approach: an owner is generally liable for a bite regardless of whether the dog had ever bitten anyone before, provided the person bitten was in a public place or lawfully on private property.
- What if the dog knocked me over rather than biting me?
- The strict rule in the Civil Code is specific to bites. An injury caused another way — a dog knocking someone down, or causing a fall — can still support a claim, but it is generally brought as an ordinary negligence claim about how the animal was controlled rather than under the bite statute.
- Who actually pays a dog bite claim?
- In many cases a homeowner’s or renter’s insurance policy responds, which is one reason these claims are often resolved without anyone going to court. Some policies exclude particular breeds or exclude animal liability altogether, so what is available varies.
- My child was bitten. Is that different?
- The rule is the same, but several practical things differ. Children are bitten to the face and head far more often than adults, scarring is a more significant element of the claim, and the deadlines that apply to a minor’s claim can work differently from an adult’s. It is worth getting advice specific to the child rather than assuming the adult position applies.
- Do I have to report the bite?
- Reporting to San Francisco Animal Care and Control creates an official record and starts any rabies observation process. That record is frequently useful later, and making it does not commit you to bringing a claim.
- Can I discuss this with the attorney in Spanish?
- Yes. Susan F. Reyes works in English and Spanish, so you speak with the attorney directly about your case.
Consultation
Talk to Susan about a dog bite
Every matter begins with a conversation about what happened and what your options are. You will speak with Susan F. Reyes directly.