When an Off-Leash Dog Attacks Your Dog in California

Attorney Answer

You can pursue the other dog's owner — but not under California's dog-bite statute. California law treats a pet as property, so what you have is an ordinary negligence claim for the harm to your dog, and it carries a longer deadline than an injury claim.

The dog-bite statute is written for people. Cal. Civ. Code § 3342(a) provides: "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." Because that strict-liability rule runs to a person who is bitten, it does not reach an attack on your dog. If you were bitten as well, it does apply to your own injuries.

The claim for your dog comes from the general negligence statute. Cal. Civ. Code § 1714(a) provides: "Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself." A dog is the owner's property, and letting a dog run loose out of a house is a failure to manage it with ordinary care if that is what caused the harm. Most California cities and counties also have leash requirements; whether one applies where you live, and what effect a violation has, is worth asking a local attorney.

What you can recover is set by Cal. Civ. Code § 3333: "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." In practice that means the veterinary bills and related out-of-pocket losses. Whether anything beyond those costs is recoverable for a pet is not settled by the statute and should be discussed with a lawyer.

The threat to your mother is a separate matter and should be handled as one.

What you can do

1. Get your dog treated and keep every invoice, record and discharge instruction.

2. Photograph your dog's injuries and the place where the attack happened, including the house the dog came from.

3. Report the attack to your local animal control agency and ask for a copy of the report. Their record can substitute for the witnesses you did not get.

4. Report the threat against your mother to your local police department.

5. Send the other owner a short written request for the veterinary costs, and keep a copy of what you sent.

6. Ask a local attorney about a court claim if the owner refuses to pay.

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. Because harm to a pet is treated as damage to personal property, this claim generally runs on Cal. Code Civ. Proc. § 338(c)(1), which allows three years for an action for taking, detaining, or injuring goods or chattels — longer than the two years Cal. Code Civ. Proc. § 335.1 gives for an injury to a person. Which period applies depends on your facts, so have a local attorney review the dates.