Orange, CA Dog Bite Lawyer

What the claim involves

An Orange 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). Get medical care first, even for a bite that looks small: bites can become infected, and the medical record is also the first record of the injury. Then come the legal questions: who owned or was handling the dog, where the bite happened, and which insurance covers the owner. Scarring and nerve damage may not be clear for weeks, so an early settlement can leave out future care.

Kyle Scott has practiced law since 1991 and has run his own firm since 2003. He identifies the owner and any landlord, obtains the bite report, and handles the insurance claim and any lawsuit. If you are looking for a dog bite attorney in Orange, your first conversation is with Kyle Scott himself.

Sidewalks, Old Towne, and city parks

A bite on an Old Towne sidewalk, in a city park, or on a neighborhood street happens in a public place, so the owner is generally liable without proof of carelessness. City law requires a dog on any public street, sidewalk, or park to be on a secure leash no longer than six feet (Orange Municipal Code § 12.48.056). The city says dogs in its parks, such as Hart Park and Grijalva Park, must stay leashed and with their owner, except at the Orange Dog Park at Yorba Park, 190 S. Yorba St. There, owners must take reasonable precautions to keep their dogs from biting and must remove a dog that bites.

Homes and apartment communities

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 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 lists Orange among the cities where it provides field services, and County Code § 4-1-62 requires anyone who knows of a bite to report it immediately. Orange adopts the county’s animal-control ordinances (Orange Municipal Code § 6.04.010). OC Animal Care quarantines a dog that bites a person for 10 days, at the owner’s home or at its center in Tustin, 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 claim within six months (Government Code § 911.2). Unlimited civil cases are heard at the Central Justice Center in Santa Ana; the Lamoreaux Justice Center in Orange hears juvenile and family cases, not injury lawsuits.

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, including claims involving landlords

Knockdowns and falls caused by a loose or jumping dog

People bitten while protecting their own pet

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 OC Animal Care report number and any quarantine records

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

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

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

Medical records from the first visit forward, including wound checks and counseling

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 Orange 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 Orange sidewalk or 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 the City of Orange?

OC Animal Care lists Orange among the cities where it provides field services. Report a bite through the 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. Ask for the report number and keep it with your records.

Are dogs allowed off leash in Orange parks?

Only at the Orange Dog Park at Yorba Park, 190 S. Yorba St. The city says dogs in its other parks must stay on a six-foot leash and with their owner, and city law requires a leash no longer than six feet on public streets and sidewalks. Inside the dog park, owners must take reasonable precautions to keep their dogs from biting. A loose dog that causes a fall can lead to a claim even when there was no bite.

My child was bitten in Orange. 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.

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. If a public entity is involved, such as a police dog or city property, a written government claim is generally due within six months under Government Code § 911.2. Report the bite to OC Animal Care right away, and confirm your deadlines early, because exceptions exist.

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.