What the claim involves
Dog bites can cause lasting physical and psychological injuries.
If a dog bit you in Orange County, California law generally makes the owner responsible when the bite happened in a public place or while you were lawfully on private property, including the owner’s own home, even if the dog had never bitten anyone before (Civil Code § 3342). A bite can damage skin, muscle, tendons, nerves, and joints. Facial wounds may need reconstructive care, and children and adults may live with anxiety or fear of dogs afterward. 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.
Kyle Scott Law handles every type of personal injury case for people across Orange County and Southern California, from its office in Tustin. Kyle Scott has practiced law since 1991 and has run his own firm since 2003. As an Orange County dog bite attorney, he identifies the owner and anyone else who may be responsible, obtains the animal control report, documents how the injury heals, and handles the insurance claim and, if needed, the lawsuit. Consultations are free in English or Spanish, and your first conversation is with Kyle Scott himself.
Ownership and location
Who owned or was handling the dog, and where the bite happened, decide which rule applies. You are lawfully on private property if you were invited, expressly or impliedly, or were there to perform a duty under state or federal law or postal regulations (Civil Code § 3342). The bite does not have to break the skin, but the statute does not protect trespassers, and veterinarians and kennel workers who take a dog into their care generally assume the risk of a bite (CACI No. 463). A narrow exception applies to police and military dogs.
Medical impact
Wound care, infection, nerve or tendon injury, scarring, and psychological effects are documented over time. Scars are evaluated after healing, not only from the first photograph.
Coverage
Homeowner’s, renter’s, umbrella, landlord, and business policies may respond, and the actual policy is reviewed before an insurer’s coverage position is accepted. A landlord is generally not responsible for a tenant’s dog, unless the landlord knew or must have known the dog was dangerous and could have taken reasonable measures to prevent the harm (CACI No. 1013). A worker bitten on the job can claim workers’ compensation and, separately, pursue the dog’s owner (Labor Code § 3852).
Reporting a bite in Orange County
Orange County has no single animal control agency, so report a bite to the agency serving the city where it happened. OC Animal Care serves the unincorporated areas and Anaheim, Brea, Cypress, Fountain Valley, Fullerton, Huntington Beach, Lake Forest, Los Alamitos, Orange, Placentia, San Juan Capistrano, Tustin, Villa Park, and Yorba Linda; Irvine and Santa Ana run their own animal services through their police departments. OC Animal Care quarantines a dog that bites a person for 10 days, and it calls a bite report a public health matter, not a statement about anyone’s negligence or liability. Where the county code applies, a dog on public property must be on a leash no longer than six feet (County Code § 4-1-45), and anyone who knows of a bite must report it (§ 4-1-62).
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 responsible even if the dog never bit anyone before?
Yes, for most bites. California has no “one free bite” rule for bites. Civil Code § 3342 makes the owner liable for a bite in a public place or while the injured person was lawfully on private property, including the owner’s home, regardless of the dog’s history or what the owner knew. Exceptions include trespassers, certain police and military dog bites, and veterinarians and kennel workers who took on the risk.
Where do I report a dog bite in Orange County?
To the animal control agency for the city where the bite happened. OC Animal Care takes reports for the unincorporated areas and the cities it serves, including Anaheim, Orange, Tustin, Huntington Beach, and Fullerton. Irvine and Santa Ana run their own animal services through their police departments. Call 911 in an emergency.
What happens to the dog after it bites someone?
It is generally quarantined for 10 days to watch for signs of rabies, often at the owner’s home. OC Animal Care says a bite report is a public health step, not a finding of fault. Removing or destroying a dog is a separate process: a hearing if the dog is found vicious under the Food and Agricultural Code (§§ 31603, 31645), or a court action under Civil Code § 3342.5 after two separate bites.
Can I make a claim if a dog knocked me down but did not bite me?
Often, yes, but not under the dog bite statute, which covers only bites. A knockdown claim generally rests on negligence, such as letting a dog run loose, or on the owner’s knowledge that the dog was dangerous (CACI Nos. 400, 462). Breaking a leash law can raise a presumption of negligence when the law was meant to prevent that kind of injury (Evidence Code § 669), and in unincorporated Orange County and cities that follow the county code, a dog on public property must be on a leash no longer than six feet. Witnesses and video often matter most.
Can a landlord be held responsible for a tenant’s dog?
Sometimes. California generally does not hold landlords liable for tenants’ dogs. The exception applies when the landlord knew or must have known the dog was dangerous and could have taken reasonable measures to prevent the harm, for example by ending the lease, but did not (CACI No. 1013). Complaints to the manager and earlier animal control reports can show what the landlord knew. The claim against the dog’s owner remains as well.
My child was bitten by a dog. What should we do?
Get medical care, report the bite, and photograph the wounds as they heal, because scars are evaluated over time. For a minor, the two-year filing period is generally paused until age 18 under Code of Civil Procedure § 352, but a six-month government claim deadline is not. A settlement of a child’s claim generally must be approved by the superior court under Probate Code § 3500.
How long do I have to file a dog bite lawsuit in California?
Generally two years from the bite, under Code of Civil Procedure § 335.1. If a public entity is involved, such as a police dog or a public agency’s property or employee, a written government claim is generally due within six months under Government Code § 911.2. Talks with an insurer do not, by themselves, pause the deadline, so confirm your dates early.
What compensation can I get after a dog bite?
Depending on the injuries and the coverage available, a claim can include medical bills, future treatment such as scar revision, lost earnings, pain, scarring and disfigurement, and emotional harm such as anxiety, nightmares, or fear of dogs. Scar location and visibility, nerve or tendon damage, and the injured person’s age all affect value.
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 bite liability)
- California Civil Code § 3342.5 (an owner’s duties after a bite; court action after two bites)
- California Food and Agricultural Code § 31603 (vicious dogs)
- California Food and Agricultural Code § 31645 (when a vicious dog may be destroyed)
- Judicial Council of California, Civil Jury Instructions (CACI) Nos. 400, 462, 463, 1013 (2026 edition)
- California Evidence Code § 669 (presumption of negligence from a violated law)
- California Labor Code § 3852 (claims against third parties after a work injury)
- California Code of Civil Procedure § 335.1 (two years for most injury lawsuits)
- California Code of Civil Procedure § 352 (minors; not for government claims)
- California Government Code § 911.2 (six months for a claim against a public entity)
- California Probate Code § 3500 (court approval of a minor’s settlement)
- OC Animal Care — cities served
- OC Animal Care — report an animal bite (10-day quarantine)
- OC Animal Care — OC pet laws (County Code §§ 4-1-45, 4-1-62)
- City of Irvine — Animal Services
- City of Santa Ana — Animal Services
Related practice areas
