Options After a Facial Dog Bite by a Friend's Dog

Attorney Answer

You very likely have a claim, and you do not have to prove the dog was dangerous or that your friend knew it. California's dog-bite statute makes an owner liable for a bite regardless of the dog's history — so whether she told you the truth about the dog is not something you have to overcome.

The statute is Cal. Civ. Code § 3342(a): “The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”

For you, the closing clause does the work. The owner's knowledge, and the dog's clean record, are simply not elements you have to prove. If you were bitten in a public place, or somewhere you were lawfully present — including her home, if you were invited — the statute applies.

What she said about the dog can still matter, just on a different track. Cal. Civ. Code § 1714(a) makes everyone responsible for an injury caused by their want of ordinary care, so an assurance that brought you close to a dog the owner had reason to worry about can support an ordinary negligence claim alongside the statutory one. That is a fact-specific question for a lawyer who can look at what she knew and when.

On what a claim covers, Cal. Civ. Code § 3333 provides: “For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.” For a facial injury that generally means emergency treatment, follow-up care and any plastic surgery, prescriptions, time missed from work, and the lasting effects of scarring. No page can tell you what that is worth — it depends on the treatment you actually need, and on how the injury heals.

Practically, dog-bite claims are usually paid by the owner's homeowner's or renter's insurer rather than out of a friend's pocket. Coverage varies by policy and is not a matter of statute, but it is worth knowing before you decide whether making a claim would mean going after your friend personally.

What you can do

1. Get medical care and follow every referral, including to a plastic surgeon if one is recommended. Keep each bill, record and referral.

2. Photograph the injury now and at intervals as it heals. Facial scarring changes over months, and dated photographs are the only real record of that.

3. Report the bite to your local animal control agency if it has not been reported. That creates an official record and starts the rabies-observation requirements.

4. Ask your friend for her homeowner's or renter's insurance information and open a claim with that insurer.

5. Save any messages in which she described the dog's temperament, before or after the bite, and the contact information of anyone who saw it happen.

6. Do not sign a release or accept a quick payment before you know how the injury has healed. Cal. Civ. Code § 1541 provides: “An obligation is extinguished by a release therefrom given to the debtor or the released party by the creditor or releasing party, upon a new consideration, or in writing, with or without new consideration.” Once you sign, the claim is generally over, even if you need surgery later. Ask a local lawyer before you sign anything.

Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page.

⏱ Time limits apply. Cal. Code Civ. Proc. § 335.1 gives two years for a personal injury claim in California. When that period started running on your facts, and whether anything affects it, is a question for a local attorney — this page will not calculate a date for you, and a facial injury is not one to leave sitting.