What the claim involves
An Anaheim dog bite claim turns on where it happened and who pays.
A dog’s owner is generally liable for a bite in a public place or while the injured person was lawfully on private property, including the owner’s own home, regardless of the dog’s history or the owner’s knowledge of it (Civil Code § 3342). That covers a bite on an Anaheim sidewalk, in a park, or in a city dog park, and a bite in a yard, apartment, or condominium. Get medical care first, even for a bite that looks small: bites can become infected, and the medical record is the first record of the injury. The claim then turns on who owned or was handling the dog, where the bite happened, and which insurance covers the owner.
Kyle Scott has practiced law since 1991 and has run his own firm since 2003. He identifies the owner and any landlord, obtains the OC Animal Care report, and handles the insurance claim and any lawsuit. If you are looking for a dog bite attorney in Anaheim, your first conversation is with Kyle Scott himself.
Sidewalks, parks, and dog parks
A bite on a sidewalk, in a city park, or inside a city dog park happens in a public place, so the owner is generally liable without proof of carelessness. County rules, which Anaheim adopts, require a dog on public property to be on a leash no longer than six feet, and Anaheim’s park code allows dogs in city parks only on a six-foot leash or inside a dog park. The city’s dog parks include Olive Hills Dog Park in east Anaheim, Maxwell Park, and Jacaranda Park in the Platinum Triangle. Its dog park rules bar aggressive and vicious dogs, and the person responsible for a vicious dog is legally responsible for any injury it causes.
Homes, apartments, and condominiums
A person is lawfully on private property when invited, expressly or by implication, or when there to perform a duty imposed by law, so a bite in an owner’s yard or unit is covered. Guests, mail carriers, and others in that position are not trespassers. When the dog lives in a rental, the lease, the landlord’s knowledge of the dog, and the landlord’s own insurance are reviewed along with the owner’s.
Insurance coverage
The owner’s homeowner’s or renter’s insurance is often where a dog bite claim is paid from, but limits and exclusions vary, and an insurer may dispute coverage because of the dog, the household, or the property. The firm reads the actual policy and looks for any other coverage before accepting an insurer’s position.
Reports, quarantine, and deadlines
OC Animal Care provides animal control in Anaheim, and County Code § 4-1-62 requires anyone who knows of a bite to report it immediately. A dog that bites is quarantined for 10 days, at the owner’s home or at the OC Animal Care center, as a rabies precaution and not as a finding of fault. Most injury lawsuits are due in two years (Code of Civil Procedure § 335.1), and a claim involving a police dog or other public property generally needs a written government claim within six months (Government Code § 911.2). Civil lawsuits from Anaheim are heard at the Central Justice Center, 700 Civic Center Drive West, Santa Ana.
Cases the firm reviews
Common dog bite matters.
Information that can matter
A strong claim starts with preserved evidence.
The useful records vary by case. The initial review identifies what exists, what may need to be requested, and what should be preserved before it is lost.
Legal guides
Answers to common dog bites questions.
Common questions
Questions about dog bite claims.
Is a dog owner in Anaheim responsible if the dog never bit anyone before?
Generally, yes. Under Civil Code § 3342, a dog’s owner is liable for a bite in a public place, such as an Anaheim sidewalk, park, or dog park, or while the injured person was lawfully on private property, including the owner’s home. The dog’s past behavior and the owner’s knowledge of it do not matter. Exceptions include a person who was not lawfully on the property and some police and military dog bites.
Where do I report a dog bite in Anaheim?
The City of Anaheim says OC Animal Care provides its animal control services. Report a bite to OC Animal Care through its bite reporting form or the bite-report line on its website. County Code § 4-1-62 requires anyone who knows of a bite to report it immediately. If someone is badly hurt or the dog is still a danger, call 911. Keep the report number with your records.
What if I was bitten at an Anaheim dog park?
A city dog park is a public place, so the dog bite statute can apply. Anaheim’s dog park rules bar aggressive and vicious dogs and require each dog to be under an adult’s visual and voice control. What happened between the dogs, and whether anyone stepped into a fight, can be disputed, so write down the park, the time, and the other owners present.
What if an Anaheim police dog bit me?
California’s dog bite statute has a narrow exception for police and military dogs used under a written agency policy, but the exception does not reach a person who was not involved in, or suspected of, the conduct that led to the dog’s use. Because the city is a public entity, a written government claim is generally due within six months under Government Code § 911.2, before any lawsuit can be filed.
My child was bitten in Anaheim. How long do we have?
Usually longer than an adult, but not always. For most injury lawsuits, the two-year deadline in Code of Civil Procedure § 335.1 does not start to run until the child turns 18 (§ 352). That extra time does not apply to claims against public entities, which generally require a written claim within six months (Government Code § 911.2). A child’s settlement generally needs court approval (Probate Code § 3500). Report the bite now and keep the treatment records.
Who pays for a dog bite injury?
Often the owner’s homeowner’s or renter’s insurance, though limits and exclusions vary. A landlord who knew a tenant’s dog was dangerous and could have had it removed may also be involved. The firm reviews the actual policy before accepting an insurer’s position on coverage.
This page provides general information, not legal advice. A consultation is needed to evaluate the facts, deadlines, parties, and law that may apply to a specific matter.
Sources
Official sources.
The figures and rules of law on this page come from these official sources.
- California Civil Code § 3342 (dog bites)
- California Code of Civil Procedure § 335.1
- California Code of Civil Procedure § 352 (minors)
- California Probate Code § 3500 (a minor’s settlement)
- California Government Code § 911.2 (six-month presentation period)
- OC Animal Care — report an animal bite
- OC Animal Care — OC pet laws (County Code §§ 4-1-45, 4-1-62)
- City of Anaheim — Animal Care and Control
- Anaheim Municipal Code § 8.24.010 (county animal-control ordinances)
- Anaheim Municipal Code § 13.08.020 (animals in city parks)
- Anaheim Municipal Code § 13.14.050 (dog parks)
- City of Anaheim — Olive Hills Dog Park
- City of Anaheim — Maxwell Park
- City of Anaheim — Jacaranda Park
- Orange County Superior Court — court designation list
Related practice areas
