Are you dealing with any of this?
A neighbor's dog bit your child's face
Your child was bitten near home or a neighbor's door and needed stitches. You worry about scarring and do not want a fight with the neighbor.
Bitten while visiting friends or family
They say the dog never bites and you do not want to hurt the relationship, but you are unsure whether you can claim against their insurance.
Bitten by an unleashed dog in a park or on the street
The owner left, or only gave a phone number. You want to know how to find them and what evidence to keep.
The owner is a tenant and the house belongs to someone else
You are not sure whether to go after the owner or the landlord, or whether there is insurance.
Rabies shots and the bills keep growing
The ER, the shots, and the follow-up visits all cost money, and no insurer has contacted you.
Other animal attacks or accidents
A cat or another animal scratched or bit you, or it was a different kind of accident, and you are unsure whether the same rules apply.
What we handle in a dog bite case
Once you retain us, calls and letters from the owner and the insurer come to us.
Finding who is responsible
We identify the owner and keeper, and where relevant the landlord, property manager, or other responsible party.
Checking the insurance
We look into the owner's homeowner's or renter's policy to confirm the insurer, the limits, and any breed exclusion or other restriction.
Preserving evidence
We keep photos of the wounds and scars, obtain animal control or health department reports, and collect witness details, nearby video, and the owner's information.
Medical records and the demand letter
We assemble ER, stitches, rabies post-exposure treatment, follow-up records, and bills into a complete demand letter that includes treatment doctors project for the future.
Scarring and plastic surgery costs
We work with the doctors' opinion on scar revision and cost, and include future surgery and the effects of the scar in the claim, so a growing child's case is not closed too early.
Cases involving children
We handle a minor's claim, including how the filing period is calculated and any court approval needed for a settlement, with attention to the child's emotional recovery.
Medical liens and bill negotiation
Before funds are distributed, we negotiate liens and outstanding balances with hospitals, doctors, and health plans so more of the settlement reaches you.
Filing suit when talks fail
If the insurer will not make a reasonable offer, we file within the limitations period and keep building the evidence.
California rules that matter after a dog bite
These are the general rules. Exceptions exist, so confirm your deadlines early.
- The owner is strictly liable：If you are bitten in a public place or lawfully in a private place, including the owner's own home, the owner must pay damages without proof of fault or knowledge that the dog was dangerous (Civil Code §3342). Invited guests, delivery people, and service workers generally count as lawfully present.
- No free first bite：Some people believe an owner is not responsible for a dog's first bite. That is an older rule from other states and does not apply to bites in California. A dog's history matters more for other parties, such as a landlord, and for insurance questions.
- Filing deadline: generally 2 years：A personal injury lawsuit generally must be filed within 2 years of the injury (CCP §335.1). After that the court will usually dismiss the case. The start date depends on the facts.
- Minors: the clock is paused：If the injured person was under 18 when hurt, the filing period is generally paused until adulthood (CCP §352) and then runs. This does not apply to claims against public entities (§352(b)).
- A government agency's dog: 6 months：If the dog belonged to the police or a government animal control agency, a written claim must first be presented to the agency within 6 months (Gov. Code §911.2). Separately, an agency may be exempt when a police or military dog bites during certain duties and the agency has a written use policy, but the exemption does not apply to a victim with no connection to the activity that prompted the dog's use (Civil Code §3342(b)-(d)).
- Landlords and homeowner's insurance：A landlord is not automatically liable but may be if they knew a tenant's dog was dangerous and could have it removed. Payment usually comes from the owner's homeowner's or renter's policy. Some policies exclude certain breeds or have limits, so we read the policy.
- Get medical care right away：After a dog bite, see a doctor as soon as possible, even if the wound looks minor. Keep your medical records and bills; they are the basis of a later claim.
How your case moves forward
Free initial assessment
Tell us by phone or WeChat what happened, your injuries, and who owns the dog. We tell you whether there is a claim and which deadlines apply.
Written engagement
You sign a contingency agreement that states the fee percentage and how case costs are handled. We then notify the owner and the insurer that we represent you.
Preserving evidence during treatment
You focus on recovery. We obtain animal control records, medical records, and bills, keep photos of the wounds, and find out the owner's insurance and the landlord's role. With scarring, we wait until doctors can estimate further plastic surgery needs before discussing amounts.
Demand and negotiation
When treatment has stabilized or future care can be estimated, we send the demand and negotiate with the adjuster. Every offer is explained to you and the decision is yours.
Settlement or lawsuit, then distribution
Before accepting a settlement we negotiate medical balances and liens. If talks fail, we file within the deadline. A child's settlement generally also needs court approval. At closing you receive a written settlement statement.
Fees for dog bite cases
Free initial assessment
The first conversation costs nothing. We will tell you plainly where the difficulties are.
Contingency: no recovery, no attorney fee
The attorney fee is a percentage of what is recovered. If there is no recovery, there is no attorney fee. The percentage is set in a written agreement before you sign.
Case costs are defined in the agreement
Who advances costs such as records, expert opinions, and court filing fees, and how they are deducted at the end, is spelled out in the engagement agreement.
- California requires contingency fee agreements to be in writing, state the fee rate, and explain how costs affect the fee and your net recovery (B&P Code §6147).
- The fee percentage is agreed before you sign and is not changed unilaterally during the case.
- We do not promise any particular recovery or outcome.
Dog bite questions
The following is general legal information and is not legal advice for any specific matter. For your situation, contact Lingtu Law APC at 415-547-9999 or on WeChat at lingtulaw.
