Helping Clients Recover Damages and Get Their Lives Back

Experiencing a dog bite can be terrifying and painful. Victims may suffer from lacerations, bruising, disfiguration, emotional distress, or even death. Dog bite victims should not have to suffer even more by losing time at work or paying for medical expenses they never should have had. California’s dog bite statute permits victims of an attack to hold owners accountable for the damages caused by their dangerous animals.

While victims are protected by the law, it is crucial to speak with a Fresno dog bite attorney to get adequate legal counsel to navigate this complex legal process. These cases can be complicated, with challenges in proving liability. A Fresno dog bite lawyer can help you determine whether bringing a claim against the owner is appropriate and will fight to get you the maximum compensation you deserve for your injuries.

If a dangerous dog has injured you, please seek medical attention immediately. Once you are safe and recovering, you should consider speaking with the dog bite attorneys at Tomassian, Pimentel & Shapazian. We have over 75 years of experience handling personal injury claims, making us excellent allies as you fight for your rights following an attack. We will pursue fair compensation by investigating the details of the incident and proving that the owner failed to restrain their animal. Call 559-545-0383 to schedule a free consultation with our caring, capable legal team.

How Do Dog Bite Laws Work in California?

California’s dog bite law is found at Civil Code section 3342, and its core language is direct: 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, regardless of the former viciousness of the dog or the owner’s knowledge of that viciousness.

That last clause is what makes California different from much of the country. Many states follow a “one-bite rule,” which effectively gives a dog one free attack before the owner can be held responsible. California does not. Under section 3342, the owner is liable even if the dog had never shown a moment of aggression before the day it bit you, and even if the owner did everything a reasonable person would do. This is called strict liability, and it means you do not have to prove the owner was careless in order to recover.

If someone is bitten while lawfully on another person’s property or while in a public place, the victim can take legal action against the owner. Some exceptions exist, including:

• The victim was trespassing or was not legally permitted to enter the property. Section 3342 protects people who are bitten in public or lawfully on private property, so strict liability generally does not extend to trespassers. That is not the end of the analysis, though. An owner can still be liable under ordinary negligence if they failed to restrain an animal they knew was dangerous.
• The victim provoked the attack. If the victim harassed, struck, or otherwise provoked the animal, that conduct is weighed against them. California applies comparative fault, which generally reduces a recovery in proportion to the victim’s share of responsibility rather than eliminating it outright.
• The victim had assumed the risk of being bitten. Certain professionals who work with animals, including veterinarians, veterinary technicians, groomers, and kennel workers, may be barred from recovering because handling dogs is an accepted hazard of the job. This is sometimes called the veterinarian’s rule.
• The dog was a law enforcement or military dog. Section 3342 carves out police and military dogs performing law enforcement duties, provided the agency has adopted a written policy on the appropriate use of the animal. That exception does not apply when the person bitten was an innocent bystander who did nothing to provoke the dog.

Because these exceptions turn on specific facts, do not assume you have no case because one of them might apply. Contact our office and let an attorney evaluate it.

How Long Do I Have to File a Dog Bite Claim in California?

Strict liability does you no good if you wait too long. In California, you generally have two years from the date of the bite to file a personal injury lawsuit, under Code of Civil Procedure section 335.1. Miss that deadline and the court will almost certainly dismiss the case no matter how clear the owner’s liability was.

Several situations shorten or change that timeline, and they catch people off guard:

• Claims against a public entity. If the dog belonged to a city, county, or other government agency, you must first present a written claim to that entity within six months under the Government Claims Act. Six months moves quickly, and missing it can end the case before it starts.
• Child victims. When the injured person is a minor, the two-year clock is generally paused until their eighteenth birthday. Parents should still act promptly rather than relying on that, because evidence and witness memory degrade long before the deadline arrives.
• Insurance deadlines. Separate from the statute of limitations, homeowners and renters policies impose their own notice requirements. Late notice gives the carrier an argument for denying an otherwise valid claim.

Even where you have the full two years, waiting works against you. Animal control records, photographs of the wound before it heals, witness contact information, and the dog’s bite history are all easiest to secure in the first days after the attack. If you are close to any of these deadlines, contact our office today.

Who Actually Pays a Dog Bite Claim? Homeowners and Renters Insurance

This is the question that stops most victims from ever calling a lawyer. The dog belonged to a neighbor, a friend, a coworker, or a relative, and pursuing a claim feels like turning on someone you know.

In most cases, you are not asking that person to write a check out of their savings. Dog bite claims are typically paid by the owner’s homeowners or renters insurance policy, which usually includes liability coverage for injuries the household causes to others. That is precisely what the coverage exists for, and it is what the owner has been paying premiums for all along. Dog-related injury claims are one of the largest categories of homeowners liability payouts in the country, and California consistently reports more of them than any other state.

A few things are worth understanding about how that coverage works:

• Policy limits cap the recovery. A typical policy carries liability limits in the range of $100,000 to $300,000. A severe attack involving reconstructive surgery, permanent scarring, or a child’s facial injuries can exceed those limits, at which point the owner’s personal assets or an umbrella policy may come into play.
• Some policies exclude certain breeds or prior-bite dogs. Insurers increasingly write breed exclusions or drop coverage after a first claim. If the policy excludes the dog, the claim proceeds directly against the owner.
• Renters are covered too. A renters policy carries the same kind of liability coverage, so the fact that the owner does not own their home does not mean there is no insurance.
• The landlord may also be liable. A landlord or property manager who knew a tenant kept a dangerous animal and did nothing can be liable under a negligence theory, separate from the owner’s strict liability under section 3342. That opens an additional insurance policy.
• The adjuster is not on your side. Insurers routinely make a fast, low offer before the full extent of scarring, nerve damage, or psychological injury is known. Once you sign a release, the claim is closed permanently, even if you later need additional surgery.

An experienced attorney identifies every policy that might apply, documents the injuries thoroughly enough to justify the demand, and handles the carrier so you never have to negotiate against a professional adjuster on your own.

How Can I Prove Liability in My Dog Bite Injury Case?

Because California operates under the strict liability rule of section 3342, an owner can be held responsible for injuries even if they were not negligent in any way. The fact that the bite occurred, in a public place or while you were lawfully on private property, is often enough to establish the owner’s responsibility. The owner does not need to have known the dog was dangerous.

In some cases, strict liability does not apply. A victim trespassing on private property, for example, may be unable to pursue damages under the statute. But if the owner was negligent in restraining an animal they knew was dangerous, the victim may still recover under ordinary negligence principles. Our guide to how liability is proven after an injury explains the kind of evidence that supports either theory.

One of the best ways to recover financially from a Fresno attack is to speak with a lawyer at our firm. We can help you understand your rights, preserve the evidence that matters, and hold owners accountable under whichever theory fits the facts. It is also worth reviewing the common mistakes that damage a California dog bite claim before you speak with anyone from an insurance company. Contact our injury team today for help recovering damages.

What Compensation Am I Entitled to for My Dog Bite?

Many victims think they can count on the insurance company to cover the costs of their injuries. Sadly, most insurers do not compensate victims fairly or account for the full range of damages an attack causes. When you hire a Fresno dog bite lawyer from Tomassian, Pimentel & Shapazian, you will have an experienced professional on your side who understands California law and will fight diligently for the maximum compensation available.

Because attacks vary in severity, we can give you the best estimate of your case’s value after meeting with you in person. Generally, a claim produces economic and non-economic damages, and in some cases punitive damages as well. Our overview of how settlement timelines work explains what to expect once a case resolves.

Economic Damages

Economic damages cover the losses that can be calculated directly. Examples recoverable in these cases include:

• Past and future medical bills
• Hospital expenses
• Reconstructive and plastic surgery
• Rehabilitation costs
• Emergency room charges
• Emergency transportation
• Lost income, including wages, salaries, and bonuses
• Decreased income-earning ability
• Funeral and burial expenses, within reason

Non-Economic Damages

The insurance carrier often overlooks non-economic damages, but they are critical to a fair settlement. These losses are harder to quantify and yet they frequently affect the victim’s quality of life more than the medical bills do. Non-economic damages our attorneys pursue include:

• Mental and emotional distress
• Loss of enjoyment of life
• Permanent scarring or disfigurement
• Anxiety around animals and post-traumatic stress
• Physical pain and suffering

Punitive Damages

In limited circumstances, a victim may also recover punitive damages. These are not available in an ordinary case. Under Civil Code section 3294, they require clear and convincing evidence of oppression, fraud, or malice, such as an owner who deliberately set the dog on someone or who kept an animal they knew had already mauled a person. If you need help pursuing a claim, reach out to our firm for legal advice and skillful representation.

What Injuries Are Typically Associated with Dog Bites?

If you or a loved one was injured in an attack, take quick action to prevent infection and stop blood loss. Severe wounds need urgent medical treatment for the best chance at a complete recovery. Depending on the nature of the attack, treatment may include stitches, plastic surgery, and other urgent care. Puncture wounds carry a significant infection risk even when they look minor, and the CDC’s guidance on animal bites and rabies explains why prompt evaluation matters.

Common injuries when dangerous dogs attack humans include:

• Lacerations – cuts or deep tears
• Abrasions – scrapes
• Puncture wounds – wounds where the teeth pierce the skin, often deeper and more infection-prone than they appear
• Crushing injuries – bones and joints broken by the dog’s jaws
• Damage to organs – internal injuries or damage to the eyes, ears, neck, and other areas
• Nerve damage – numbness, weakness, or chronic pain from the bite, sometimes rising to a catastrophic injury
• Facial injuries and permanent scarring – especially common in children, who are bitten at face level
• Death – when victims, particularly small children, succumb to their injuries, surviving family may bring a wrongful death claim

If a dangerous dog injures you or a loved one, get immediate medical attention and contact Fresno County animal control so the animal can be identified, quarantined, and checked for rabies vaccination status. That report also creates an official record of the incident, which matters a great deal later. Then consider protecting yourself legally and financially by speaking to an attorney at our firm.

What Other Accidents Does Your Legal Team Handle?

Dog bites are one of several practice areas our team handles. We also represent victims of car accidents, truck accidents, medical malpractice, traumatic brain injuries, and workplace injuries. Our lawyers have over 75 years of combined experience, which has given us the insight to overcome the obstacles that arise in a personal injury lawsuit.

We move quickly to investigate what actually happened and to uncover the evidence showing you were not at fault. We also work to establish that the other party owed you a duty of care, whether that party is a dog owner, another driver, a negligent physician, or a property owner. Our attorneys serve clients throughout the region, including Clovis and Madera.

Why Should I Hire a Fresno Dog Bite Lawyer?

Many people do not think of themselves as the type to bring a lawsuit. But taking legal action protects you financially and may prevent the same animal from harming someone else. Filing a claim is not about revenge. It is about getting the help you deserve for injuries that never should have happened, and in the great majority of cases the money comes from an insurance policy rather than from the owner personally.

When you are ready to hold the owner accountable, you should not go through the process alone. A lawyer can negotiate a materially better settlement than the lowball figure an adjuster typically opens with, and can recognize when an offer fails to account for future surgeries or permanent scarring. You can read what our clients say about working with us, and our post on suing for a dog bite attack in California walks through what the process looks like from the inside.

Our team applies the knowledge and skill built over 75 years of practice. We will answer your questions and pursue results based on the specifics of your case. You can rely on our command of California’s dog bite statute, local leash ordinances, and the other legal issues your claim raises.

Call today and let us carry the burden of protecting you legally so you can focus on resting and recovering. Call 559-545-0383 or contact us online to schedule your free consultation with our compassionate, skilled legal team.