Tustin Dog Bite Lawyer

What the claim involves

A Tustin 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: dog bites can become infected, and the medical record is also the first record of the injury. The legal questions come next: who owned or was handling the dog, whether you were in a public place or lawfully on private property, and which insurance policy 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 involved, obtains the OC Animal Care report, and handles the insurance claim and, if needed, the lawsuit. If you are looking for a dog bite attorney in Tustin, your first conversation is with Kyle Scott himself.

Bites in parks and on sidewalks

In a public place, California’s dog bite statute generally makes the owner liable for a bite without proof of carelessness. Tustin adopts the county’s animal-control ordinances (Tustin City Code § 4201), and County Code § 4-1-45 requires a dog on public property to be on a leash no longer than six feet. A loose dog can be evidence of negligence when the injury is a knockdown rather than a bite. Bark Barracks at Tustin Legacy Park is the city’s first dog park.

Bites at a home or apartment

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 own yard or apartment is covered. Guests, mail carriers, and others in that position are not trespassers. In Tustin’s apartment communities, the lease, the landlord’s knowledge of the dog, and any earlier complaints are reviewed along with the owner’s insurance.

Insurance coverage

Dog bite claims are often paid by the owner’s homeowner’s or renter’s insurance, 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 before accepting an insurer’s position.

Reports, quarantine, and deadlines

The City of Tustin contracts with OC Animal Care for animal control. The Tustin Police Department’s Animal Bites page says to call 911 if you need immediate help or have been bitten, and to report the bite to OC Animal Care, and County Code § 4-1-62 requires anyone who knows of a bite to report it immediately. OC Animal Care quarantines a dog that bites a person for 10 days, 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, 700 Civic Center Drive West, Santa Ana.

Cases the firm reviews

Common dog bite matters.

Bites to the face, hands, and arms that leave scars

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

Bites in apartment communities, including claims involving landlords

Mail carriers, delivery drivers, and other workers bitten on the job

Knockdowns, falls, and off-leash dog attacks on sidewalks and park paths

People bitten while trying to protect their own pet from an attacking dog

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 and address, and their homeowner’s or renter’s insurance information

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

Torn or bloodstained clothing, kept as it is

Witness names and any doorbell, phone, or building camera video, which can be overwritten quickly

Medical records from the first visit forward, including wound checks, referrals, 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 Tustin 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 or while the injured person was lawfully on private property, including the owner’s home, regardless of the dog’s past behavior or the owner’s knowledge. 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 Tustin?

The City of Tustin contracts with OC Animal Care for animal control. The city’s police page says to call 911 if you need immediate help or have been bitten, and to report the bite to OC Animal Care by phone or through its online form. OC Animal Care also serves unincorporated areas of the county, where county rules apply instead of a city’s, but neighboring Irvine and Santa Ana are not on its list of cities served.

Will the dog be quarantined or put down after a bite?

OC Animal Care requires a dog that bites a person to be quarantined for 10 days, at the owner’s home or at the OC Animal Care Center in Tustin, as a rabies precaution. The agency says this is a public health step, not a finding of fault. Removing or destroying a dog takes a separate court process, such as one that can follow two separate bites (Civil Code § 3342.5).

What if a dog knocked me down but did not bite me?

You may still have a claim, but not under the dog bite statute, which covers bites. A knockdown claim is usually based on negligence, such as letting a dog run loose, or on the owner’s knowledge that the dog was dangerous. County rules require a dog on public property to be leashed, and that is part of the review.

Who pays for a dog bite injury?

Often the owner’s homeowner’s or renter’s insurance. Limits and exclusions vary, and some policies exclude certain dogs. The firm reviews the actual policy before accepting an insurer’s position on coverage.

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 a city agency, a written government claim is generally due within six months under Government Code § 911.2. Report the bite to animal control 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.