Costa Mesa Dog Bite Lawyer

What the claim involves

A Costa Mesa 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 a Costa Mesa sidewalk, on a trail, or in a park, and a bite in a yard or apartment. Start with medical care, even for a small bite: bites can become infected, and the first medical record documents the injury. The claim then depends 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, requests the Costa Mesa Animal Control report, and handles the insurance claim and any lawsuit. If you are looking for a dog bite attorney in Costa Mesa, your first conversation is with Kyle Scott himself.

Streets, parks, and trails

A bite on a Costa Mesa sidewalk, on a Fairview Park trail, or inside the Bark Park happens in a public place, so the owner is generally liable without proof of carelessness. The city requires a dog that is not on its owner’s property to be on a leash six feet or shorter, held by a person who can completely control it. The only exception is the Bark Park, the city’s off-leash park at TeWinkle Park, 970 Arlington Drive. A leash rule matters when a loose dog knocks a runner or cyclist down without biting.

Homes and apartments

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 apartment 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 any earlier complaints are reviewed along with the owner’s insurance.

Insurance and other payers

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, state property, and deadlines

Costa Mesa runs its own animal control through the police department’s Animal Services Unit and is not on OC Animal Care’s list of cities served. The city asks that every bite be reported to Animal Control or the Costa Mesa Police Department within 24 hours, and Animal Control must confirm that the biting animal stays healthy for 10 days. The OC Fair & Event Center is run by a state institution, so a claim against the fairgrounds itself is presented to the Department of General Services (Food and Agricultural Code § 3955), generally within six months (Government Code § 911.2). Most injury lawsuits are due in two years (Code of Civil Procedure § 335.1).

Cases the firm reviews

Common dog bite matters.

Bites to the face, hands, and arms that leave scars or nerve damage

Children bitten at a neighbor’s home, a party, or a park

Bites in apartment communities

Bites and dog fights inside the Bark Park

Knockdowns by off-leash dogs on trails and sidewalks

Bites at events and venues, including the OC Fair & Event Center

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.

The Costa Mesa Animal Control report or incident number

The owner’s name, address, and homeowner’s or renter’s insurance

For a rental, the landlord or property manager and any earlier complaints about the dog

For a park or trail bite, the exact spot and time

Photos of the wounds as they heal, and of any broken leash, gate, or fence

Witness names and any phone, doorbell, or business video, which can disappear quickly

Medical records from the first visit forward

Legal guides

Answers to common dog bites questions.

View all guides

Dog bitesWhat to Do After a Dog Bite in Orange County8 min read Dog bitesWhat Is California’s Dog Bite Law?10 min read DeadlinesHow Long Do You Have to File a Personal Injury Lawsuit in California?8 min read

Common questions

Questions about dog bite claims.

Is a dog owner in Costa Mesa responsible if the dog never bit anyone before?

Generally, yes. Civil Code § 3342 makes a dog’s owner liable for a bite in a public place, such as a Costa Mesa sidewalk, park, or trail, or while the injured person was lawfully on private property, including the owner’s home. The dog’s history 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 Costa Mesa?

Costa Mesa runs its own animal control through the police department’s Animal Services Unit. The city asks that anyone who knows of a bite notify Costa Mesa Animal Control or the Costa Mesa Police Department, and that bites be reported within 24 hours. One city page also lists OC Animal Care for rabies reports, so ask Animal Control to confirm where your report belongs. In an emergency, call 911.

Are dogs allowed off leash in Costa Mesa?

Only inside the Bark Park, the city’s off-leash park at TeWinkle Park, 970 Arlington Drive. Everywhere else off the owner’s property, including parks and trails such as Fairview Park, the city requires a leash six feet or shorter, held by someone who can completely control the dog. A loose dog that knocks someone down can lead to a claim even when there was no bite.

What if I was bitten at the OC Fair & Event Center?

The claim is normally against the dog’s owner, under the same dog bite statute. The fairgrounds are run by the 32nd District Agricultural Association, a state institution, so any claim against the fairgrounds itself must first be presented in writing to the Department of General Services (Food and Agricultural Code § 3955), generally within six months (Government Code § 911.2). A vendor or event operator may be a private business with its own insurance.

How long do I have to file a dog bite claim in California?

Under Code of Civil Procedure § 335.1, most injury lawsuits must be filed within two years of the bite. For a child, the two-year period does not start to run until the child turns 18 (§ 352). If a public entity is involved, such as a police dog, city property, or the state-run fairgrounds, a written government claim is generally due within six months under Government Code § 911.2, even for a child. Confirm your deadlines early.

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.

Related practice areas

Other cases Kyle Scott Law handles.

View every practice area

Dog BitesKyle Scott Law represents adults and children hurt in dog bites and dog attacks across Orange County, claims that are often paid by the owner’s homeowner’s or renter’s insurance.Traumatic Brain InjuryKyle Scott Law represents people across Orange County who suffered a traumatic brain injury, from a concussion with lasting symptoms to a skull fracture or bleeding on the brain, in a crash, fall, sports accident, or school incident caused by someone else.Sexual Harassment & AbuseConfidential representation in matters involving workplace harassment, sexual assault, child sexual abuse, abuse by people in positions of trust, and institutional failures.