California uses a strict liability standard for dog bite injuries, which means the dog's owner is responsible for damages regardless of whether the dog has bitten anyone before. The settlement amount depends on the severity of the injuries, the total medical costs, the impact on the victim's daily life, and the available insurance coverage.
How Strict Liability Works in Dog Bite Cases
Under California Civil Code Section 3342, a dog owner is liable for bite injuries that occur in a public place or while the victim is lawfully on private property. Unlike states that follow a one-bite rule, California does not require the victim to prove the owner knew the dog was dangerous. The only exceptions are trespassing and provocation.
Factors That Determine Settlement Value
Medical Expenses
The total cost of treatment is the foundation of any dog bite settlement. Common treatment costs include:
- Emergency room visits, wound irrigation, and debridement
- Surgical repair and suturing
- Antibiotics and rabies post-exposure prophylaxis
- Plastic surgery and scar revision procedures
- Physical therapy for nerve or tendon damage
Many dog bite victims require multiple surgeries over months or years, especially when the bite causes facial scarring. Future medical costs are included in the settlement as long as they are supported by a physician's treatment plan.
Lost Income and Earning Capacity
Wages lost during recovery are recoverable as economic damages. If the bite resulted in permanent scarring, disfigurement, or limited mobility that affects your ability to perform your job, you may also recover compensation for diminished future earning capacity.
Pain, Suffering, and Emotional Distress
Dog bite victims frequently experience anxiety, fear of dogs, nightmares, and post-traumatic stress. Children are especially vulnerable to lasting psychological effects. The settlement value of non-economic damages depends on the severity of the physical injuries, the visibility and permanence of scarring, and the documented psychological impact.
Understanding how pain and suffering is calculated in personal injury cases helps set realistic expectations for the non-economic portion of a dog bite claim.
Insurance Coverage in Dog Bite Cases
Most dog bite claims are paid through the owner's homeowners or renters insurance. The typical California homeowners policy includes $100,000 to $300,000 in personal liability coverage. Some policies exclude certain breeds or dogs with prior bite history. If the owner is uninsured or underinsured, recovery options become more limited.
Filing correctly from the start maximizes recovery. A guide on how to file a dog bite claim covers the documentation and steps involved. A dog bite attorney ensures all damages are accounted for and the insurance company does not undervalue the claim.
Michael Avanesian, the founder and driving force behind Avian Law Group, is a passionate and dedicated attorney with a strong background in personal injury law. As a partner at JT Legal Group, Michael led the growth of the personal injury practice from a single employee to a team of over ninety professionals, securing over $2 billion in settlements for clients in just three years.
