San Jose Dog Bite Lawyer

Attorney Jeff Car Accident Lawyer provides award-winning legal representation to victims injured by a dog or other domesticated animal in Santa Clara County. Learn how our personal injury law firm can maximize your dog bite claim. Schedule a free consultation by contacting us at (409) 449-6897 or online, and speak with one of our San Jose dog bite lawyers today.

How a San Jose Dog Bite Lawyer Will Benefit Your Case
What You Need to Know About California Dog Bite Laws
Where Dog Attacks Occur
What Can Be Compensated in a Dog Bite Case
Who Is at Fault for a Dog Bite Accident?
Steps to Take Immediately After a Dog Bite Attack

Why You Need a Dog Bite Lawyer for Your Case

Our San Jose dog bite lawyers specialize in holding negligent pet owners accountable and securing monetary compensation for victims. Opting out of legal representation can lead to potential risks, such as:

Not being compensated: Homeowners and renters’ insurance can be used in claims. However, insurance companies often downplay serious injuries, blame the dog bite victim, offer low settlements, or reject the claim altogether.
Long-term harm: From infection to permanent scarring, reconstructive surgery, or psychological trauma, dog bites can have lasting consequences that may not be immediately apparent.
Failing to utilize California’s laws to your advantage: Unlike some other states, California follows a strict liability rule, meaning the animal owners are legally responsible for bites, regardless of whether the dog had ever shown aggression before.
Failing to meet legal deadlines: California generally allows 2 years from the date of the dog bite injury to file a lawsuit, but this can be reduced or tolled based on the involved parties. Additionally, delaying legal action increases the risk of losing evidence.

Attacks can leave dog bite victims with serious physical injuries, emotional trauma, and unexpected financial costs. If you or your child were bitten or injured by a dog in San Jose, the law gives you the right to seek damages from the dog’s owner or other responsible parties.

To ease the legal proceedings and ensure your case reaches an optimal outcome, our dog bite attorneys will handle every step in the claims process: investigation, insurance negotiations, medical documentation, and, if necessary, trial.

What You Need to Know About California Dog Bite Laws

Whether the incident occurred in a neighborhood, at a local dog park, or while visiting a friend’s home, victims of dog injuries are entitled to seek compensation.

Under California Civil Code §3342, pet owners are responsible for incidents if their dog bites someone in a public place or if the bite occurs while the victim is lawfully on private property (including the dog owner’s property). It’s important to be familiar with these key California dog laws:

Strict liability applies to bites, even if the dog had never bitten before.
“Dog bite” accidents encompass a range of injuries, from physical harm like being knocked over to secondary complications such as infection, nerve damage, and emotional distress.
Owners cannot avoid liability by claiming they “didn’t know” the dog was dangerous.
Strict leash laws are required for dogs that are deemed dangerous after an incident. Dog owners must follow these laws to keep their dogs restrained to avoid serious consequences.
Local authorities can require leash/muzzle orders, mandatory training, secure enclosures, and removal of the dog from the city if a dog has a documented history of aggression.
Exceptions exist if the injured party was trespassing, provoking the dog, or if the dog was acting in the course of police/military duty.

When to File a Dog Bite Claim in California

Similar to other personal injury cases, dog bite claims must be filed within a certain period of time. Under the statute of limitations, the filing period is typically:

2 years from the date of injury
6 months if pursuing a claim against a government entity
2 years after turning 18 if a minor was injured

Prompt legal action is crucial, as evidence fades and the other party may dispute the claim. Delaying the legal process and missing the filing period will result in forfeiting the right to seek damages.

Common Dog Bite Attack Scenarios

In California, dog owners are often held strictly liable for animal bites. Typically, they are responsible for damages if the bite occurred in a public area or if the victim was lawfully on the owner’s property when injured. Common areas where dog bite accidents occur include:

Apartment Complexes and Rentals: When landlords or property managers know of a dangerous dog and fail to take safety measures
Neighborhoods: Escaping from yards, broken fences, or improperly leashed animals
Parks and Trails: Incidents in Guadalupe River Park, Kelley Park, Alum Rock Park, Los Gatos Creek Trail, or other public areas
Private residence: When visiting friends or family at a home
While working: Postal workers, Amazon/FedEx/UPS drivers, landscapers, and contractors who have the right to safe premises

Common Dog Attack Injuries

Dog attacks introduce unique complexities. For example, a major concern with animal bites is the high risk of infection, as saliva can transmit bacteria or diseases like rabies, requiring additional medical care. Other common injuries that can have long-term consequences include:

Broken bones
Facial injuries requiring plastic surgery
Infections (e.g., staph, rabies, tetanus)
Nerve damage
Permanent disfigurement or scarring
Psychological trauma (e.g., anxiety, nightmares, post-traumatic stress disorder)
Puncture wounds and lacerations
Wrongful death

Our dog bite attorneys connect injured clients with medical specialists, including plastic surgeons, infectious disease experts, and psychologists, to thoroughly document injuries for their personal injury claims.

Types of Damages in a Dog Bite Personal Injury Claim

Compensatory damages are awarded to personal injury victims to cover their losses. These damages are categorized into economic and non-economic damages. Common examples of both include:

Current medical treatment: Treating current wounds or injuries, physical therapy
Future medical expenses: Skin grafts, scar revisions, counseling
Lost wages: Time missed from work, reduced earning capacity
Medical expenses: ER visits, surgery, follow-ups, therapy, reconstructive care
Pain and suffering: Physical pain, emotional distress, loss of enjoyment of life
Property damage: Clothing, glasses, and personal items destroyed in the attack
Scarring and disfigurement: Mental and physical effects due to life-altering injuries
Wrongful death damages: Funeral costs, burial expenses, loss of financial support, loss of companionship

Our legal team pursues the full extent of damages, not just the initial medical bills, recognizing the lifetime impact dog bite injuries can have on victims’ well-being.

Who Is Liable in a Dog Bite Accident Case?

When establishing liability in a dog bite case, it must be proven that the suffered injuries directly resulted from the animal. In most dog bite claims, the dog owner is liable. However, the following parties may be at fault for a pet attack:

Business Owners: When employees are attacked while working, potentially warranting a workers’ compensation claim
Landlords/Property Owners: If they were aware of a dangerous dog on the property or failed to enforce rules against dangerous animals
Pet Owners: Primarily responsible under strict liability in most cases

In some cases, multiple parties and insurance policies may be liable for damages. Our dog bite lawyers investigate each case to identify all at-fault parties.

7 Things to Do After a Dog Bite in San Jose, CA

Experiencing a dog attack can leave victims feeling shocked, scared, and uncertain of their next steps. You may be unaware of your legal rights or your options for pursuing financial compensation after such an incident. If you’ve been bitten by a dog, here’s what to do:

Seek immediate medical treatment. Even minor bites can lead to infection.
Report the incident to San Jose Animal Services or your local authorities.
Gather the owner’s information. This includes their name, address, insurance details, and the dog’s vaccination status.
Document everything. Take photos of your injuries, the dog, the scene, any torn clothing, and keep records of your medical treatment.
Identify witnesses. Look for neighbors, bystanders, delivery drivers, or anyone else who saw what happened.
Do not speak with insurance companies before consulting with a lawyer.
Contact a San Jose dog bite lawyer to protect your rights. This ensures the statute of limiitatiaons is met and that all valuable evidence will be collected.

Frequently Asked Questions About Dog Bites

What if the dog owner is a friend or family member?

Homeowners and renters Insurance can cover dog bite claims instead of the pet owner paying directly out of pocket. This allows medical bills to be covered without negatively impacting relationships.

Is the dog owner liable if the dog had never bitten anyone before?

In California, it is irrelevant whether a dog has a history of aggression. The state’s liability laws hold pet owners responsible for damages caused by bite injuries, regardless of the animal’s past behavior.

Do I have a claim if I was bitten while working (e.g., delivery driver)?

Yes. In fact, you may have both a workers’ compensation claim and a personal injury claim against the dog owner.

Do I have a case if the dog didn’t bite but knocked me down?

Yes, victims of a dog bite attack may be able to recover physical, emotional, and financial damages. However, this may fall under general negligence law rather than strict liability.

Will the dog be put down?

No, not automatically. This decision is made by Local Animal Services, who consider the dog’s attack history. This process is distinct from a civil claim. A state-held hearing is required to determine if the animal is a public safety threat before any decision regarding euthanasia can be made.

How Our San Jose Dog Bite Law Firm Helps

Free Case Evaluation: We review your case at no cost.
No Upfront Fees: We only get paid if you win.
Immediate Action: We contact local animal control, preserve medical/vet records, and identify insurance.
Medical Coordination: Help finding specialists for care and documentation.
Aggressive Negotiation: Fight insurers for full and fair settlement.
Trial-Ready Approach: Prepared to litigate if necessary for justice.

Serving Victims Across San Jose and Santa Clara County

We represent clients in:

Downtown San Jose, Willow Glen, Rose Garden, Evergreen, Berryessa, Cambrian, Almaden Valley, Burbank, Japantown, Little Portugal, Alum Rock
Surrounding cities: Santa Clara, Sunnyvale, Cupertino, Milpitas, Campbell, Los Gatos, Palo Alto, Mountain View, Morgan Hill

Call a San Jose Dog Bite Attorney Today

A dog attack can result in significant medical bills, emotional trauma, and lost wages. You don’t have to face these burdens alone. California law is on your side–and so are we.

Attorney Jeff Car Accident Lawyer can protect your rights and maximize your claim. Call today to speak directly with a San Jose dog bite attorney about your case.

Other Cases Our Personal Injury Law Firm Handles

After an accident, Jeff’s got you. Our experienced personal injury attorneys in San Jose, CA also specialize in the following practice areas:

San Jose Bicycle Accidents
San Jose Car Accidents
San Jose Motorcycle Accidents
San Jose Pedestrian Accidents
San Jose Personal Injury Accidents
San Jose Slip and Fall Accidents
San Jose Truck Accidents
San Jose Lyft and Uber Accidents
San Jose Workers’ Compensation
San Jose Wrongful Death Claims

Schedule a Free Consultation with Our California Law Firm

Our personal injury attorneys can help evaluate your dog bite case and pursue the maximum recovery you are entitled to.

Address: 66 E. Santa Clara St. Suite 4, San Jose, CA 95113
Phone Number: (409) 449-6897

Attorney Jeff Car Accident Lawyer’s Other Locations

We have law offices throughout Southern and Northern California. Determine the viability of your case with our free case checker or schedule a free case assessment to discuss your dog bite case with one of our personal injury lawyers today.