Challenges of Dog Bite Cases: Why You Need an Experienced Lawyer

Overview

Dog bite injuries can result in serious physical, emotional, and financial consequences. California law allows victims to pursue compensation when a dog attack occurs through no fault of their own. This guide explains common challenges in dog bite cases, who may be held liable, and how a dog bite attorney can help protect your claim and recovery.

Table of Contents

Dogs are extremely popular pets. According to the 2021-2022 APPA National Pet Owners Survey, about 70% of American households have a pet, including nearly 10 million homes with dogs.

While many dogs are friendly and well-trained, bites and attacks still occur. Dogs may bite due to fear, pain, anxiety, territorial instincts, or stress. Even well-known or family-owned dogs can attack unexpectedly, leading to serious, life-altering injuries and complex dog bite cases.

When a dog bite occurs through no fault of the victim, California law allows injured individuals to pursue compensation through a dog bite claim. However, dog bite cases are often legally complex—especially when dog owners or insurance companies attempt to deny liability or minimize responsibility.

Challenges of Dog Bite Cases

Dog bite cases often involve legal and factual issues that make them more difficult than other personal injury claims. Unlike car accidents, dog bite incidents may lack clear documentation, neutral witnesses, or immediate reporting. Victims are frequently left to recover from painful injuries while facing disputes over liability, injury severity, and insurance coverage. Without experienced legal guidance, these challenges can significantly reduce the value of a dog bite claim.

Proving Liability

Establishing liability can be difficult when there are no independent witnesses to the attack. Dog bite cases that occur on private property often involve disputes over whether the victim was trespassing or provoked the dog—arguments commonly used by dog owners and insurers to deny responsibility. Even under California’s strict liability law, these defenses can complicate the claims process.

Dog Owners May Downplay Injuries

Dog bite injuries are often more serious than they initially appear. Puncture wounds, scarring, nerve damage, tissue loss, broken bones, and infections can lead to long-term medical treatment and permanent impairment. However, dog owners and insurance companies may attempt to minimize the severity of these injuries to reduce financial liability or settlement amounts.

Owners Are Often Protective of Their Dogs

Many dog owners react emotionally when confronted with the fact that their dog caused harm. This protectiveness can result in denial, lack of cooperation, or attempts to shift blame onto the victim. In some cases, this behavior leads to delayed claims, disputed facts, or aggressive insurance negotiations, placing additional stress on the injured party.

California Dog Bite Liability Laws

California follows a strict liability dog bite law, meaning dog owners are generally responsible for injuries caused by their dogs—even if the dog has never bitten anyone before.

Under this law, victims typically do not need to prove that the owner knew the dog was dangerous. Liability usually applies as long as:

  • The victim was lawfully on public or private property, and
  • The victim did not provoke the dog

This strict liability framework is designed to protect victims—but insurance companies still aggressively challenge claims.

dog bite cases

Who Can Be Held Liable for a Dog Bite Accident?

California does not apply the “one-bite rule.” Instead, it operates under a strict liability law (Civil Code Section 3342). This means the dog’s owner is usually liable for injuries and damages sustained by the bite victim. This responsibility applies only if you were not trespassing or provoking the dog in any way.

 

The following parties may also be considered liable for the accident:

  • Parents or legal guardians – If a minor owns the dog
  • Animal keepers – Kennels, shelters, or care facilities responsible at the time of the bite
  • Landlords or property owners – If they knowingly allowed a dangerous dog on the premises
  • Businesses – When dog bites occur in commercial settings
  • Veterinarians, groomers, trainers – These professionals may assume certain risks under California’s “Veterinarian’s Rule,” which can shift liability

Identifying the correct liable party is critical to securing full compensation.

Read more: California Dog Bite Law: Are There Changes This 2025?

Types of Injuries and Damages in Dog Bite Claims

Dog bite victims may be entitled to compensation for:

  • Medical expenses
    • Emergency and ongoing medical treatment
    • Plastic or reconstructive surgery
    • Physical therapy and rehabilitation
    • Permanent scarring or disfigurement
    • Nerve damage or mobility loss
  • Emotional trauma and psychological distress
  • Lost wages and reduced earning capacity

An experienced personal injury lawyer ensures that all damages, both immediate and long-term, are properly documented and pursued.

How Can Our Dog Bite Attorney Protect Your Rights

Dog bite claims often involve disputes over provocation, trespassing, injury severity, or insurance coverage. Without representation, victims are vulnerable to low settlement offers.

Our dog bite attorney can:

  • Help investigate the incident and preserve evidence
  • Handle all insurance communications
  • Counterclaims of provocation or trespassing
  • Work with medical professionals to document injuries
  • Pursue full compensation through negotiation or litigation

At Farahi Law Firm, our legal team, medical partners, and case managers work together so you can focus on healing while we handle every aspect of your claim.

Real Dog Bite Settlement Example

Our client was attacked by a 140-pound dog while walking in his neighborhood. He suffered severe injuries, including bites to his left elbow and forearm, spinal injuries, and Complex Regional Pain Syndrome (CRPS) in his left arm.

CRPS is a chronic and incurable condition requiring lifelong treatment. Due to the severity and permanence of his injuries, our client was awarded a $300,000 settlement from the dog’s owner, helping him manage long-term medical care and rebuild his life.

Frequently Asked Questions About Dog Bite Claims

In most California dog bite cases, victims do not need to prove the owner’s negligence because the state follows a strict liability rule. However, negligence may still be relevant if additional parties are involved or if defenses such as provocation are raised.

Yes, comparative negligence can apply in certain situations. If the dog owner or insurance company claims the victim provoked the dog or contributed to the incident, compensation may be reduced based on the victim’s percentage of fault.

No. California law does not single out specific dog breeds when determining liability. A dog owner may be held responsible, regardless of breed, if the bite occurred without the victim’s fault.

The dog bite statute of limitations in California is generally two years from the date of the injury. Failing to file within this time frame may bar your right to seek compensation, except in limited circumstances.

Seeking immediate medical attention is critical, even for minor bites. Prompt treatment helps prevent infection, documents the injury, and creates medical records that are essential evidence in dog bite cases.

Yes. Dog bite injuries can worsen over time due to infection, nerve damage, or scarring. Seeking medical attention and legal guidance early helps protect your health and your right to compensation.

Contact Farahi Law Firm Today

If you or a loved one were injured in a dog bite attack, you should not have to face the legal and financial consequences alone. Dog bite injuries can have lasting effects, and insurance companies often work to minimize what victims receive.

Farahi Law Firm has recovered millions of dollars for injury victims across California. We work on a contingency fee basis, meaning you pay nothing unless we win.

📞 Call (844) 824-2955 or contact us online for a free consultation. We are available 24/7 and ready to fight for the medical care and compensation you deserve.

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