Quick answer
California holds a dog's owner strictly liable for a bite under Civil Code section 3342 when the victim was in a public place or lawfully on private property, even if the dog never bit anyone before. In Bakersfield, report the bite to the city's Animal Control unit, part of the Bakersfield Police Department. In unincorporated Kern County, report it to Kern County Animal Services. You generally have two years to sue under Code of Civil Procedure section 335.1.
If a dog bit you or your child in Bakersfield, get the bite treated, identify the dog and its owner, and report the bite to animal control. California holds dog owners strictly liable for bites in most situations, so you usually do not have to prove the dog had bitten anyone before. A Bakersfield dog bite lawyer can help you document the injury and deal with the owner’s insurer.
We are B&D Law Group, APLC. Our Bakersfield personal injury attorneys work from 4900 California Ave, Tower B, 2nd Floor, and handle dog bite cases across Kern County. This guide explains California’s dog bite statute, where to report a bite locally, and what a claim can cover.
California’s Strict Liability Dog Bite Law
Civil Code section 3342 makes a dog’s owner liable for damages when the dog bites someone who is in a public place or lawfully in a private place, including the owner’s own property. The owner is liable regardless of the dog’s former viciousness or the owner’s knowledge of it. In other words, there is no “one free bite” rule in California.
There are limits. The statute applies to the dog’s owner, and it contains a narrow exception for police and military dogs. That exception covers a government agency’s dog used under a written agency policy, and only when the person bitten was involved in, or suspected of, the conduct the dog was being used against. A person who was trespassing may not be covered. We explain the statute in more depth in our guide to dog bite liability in California.
When a Dog Injures You Without Biting
Not every dog injury is a bite. A large dog that knocks over a pedestrian or a cyclist can cause fractures and head injuries without breaking the skin. Those cases usually proceed under ordinary negligence rules, such as Civil Code section 1714(a), and often turn on whether the owner followed local leash rules or knew the dog was dangerous. Our article on California leash laws covers that side of the law.
Where to Report a Dog Bite in Bakersfield
Which agency takes the report depends on where the bite happened. Inside Bakersfield city limits, animal control is handled by the City of Bakersfield’s Animal Control unit, which is part of the Bakersfield Police Department. In unincorporated areas of Kern County, Kern County Animal Services investigates bite reports. Under California’s rabies control regulation (Cal. Code Regs., tit. 17, section 2606), a dog that bites a person can be required to be isolated and observed for 10 days, in a place and manner approved by the local health officer.
A report does two things. It protects your health by confirming the dog’s rabies status, and it creates an official record of the date, the dog and the owner, which matters later if the owner or the insurer disputes what happened.
What a Dog Bite Claim Can Cover
A dog bite claim can include medical bills, including future care such as scar revision, lost income, and compensation for pain, emotional distress and scarring. Bites to children and to the face often carry the largest non-economic damages because the scarring can be permanent. In many cases the owner’s homeowners or renters insurance policy is what pays the claim.
Deadlines for a Dog Bite Claim
Code of Civil Procedure section 335.1 generally gives you two years from the date of the bite to file a lawsuit. Different rules apply to children: under Code of Civil Procedure section 352(a), the deadline is generally paused while the injured person is a minor, although that pause does not extend the six-month deadline to present a claim to a public entity under Government Code section 911.2. Dog bite lawsuits arising in the Bakersfield area are typically filed in Kern County Superior Court.
Frequently Asked Questions
Is a dog owner always liable for a bite in California?
In most cases, yes. Civil Code section 3342 makes the owner liable when the dog bites someone in a public place or lawfully in a private place, regardless of whether the dog had been vicious before. The main exception is a narrow one for government police and military dogs used under a written agency policy.
Who do I report a dog bite to in Bakersfield?
Inside city limits, the City of Bakersfield Animal Control unit, part of the Bakersfield Police Department. In unincorporated Kern County, Kern County Animal Services.
What happens to the dog after a bite is reported?
Under Cal. Code Regs., tit. 17, section 2606, the dog can be required to be isolated for 10 days, in a place and manner approved by the local health officer, to observe for rabies.
How long do I have to file a dog bite claim?
Generally two years from the bite under Code of Civil Procedure section 335.1. For a child, the deadline is generally paused until age 18 under Code of Civil Procedure section 352(a), but claims against a public entity still have a six-month deadline.
More Bakersfield guides: we also cover truck accidents, wrongful death claims and motorcycle crashes in Kern County.
Talk to a Bakersfield Dog Bite Attorney
Dog bite claims are often simple on liability and hard on the details: identifying the owner, finding the right insurance and valuing scarring. We handle these cases through our dog bite attorneys practice and our Bakersfield office. Call (888) 977-2238 or use our contact page.
Attorney advertising. This article is provided for general informational purposes only and does not constitute legal advice. Reading this article or contacting us does not create an attorney-client relationship. Every case is different and past results do not guarantee a similar outcome. If you have been injured, speak with a licensed attorney about your specific situation.