Small Claims Court for Dog Bites in California

California has one of the strictest dog bite laws in the country. Under Civil Code § 3342, dog owners are liable for bites regardless of whether the dog has ever bitten anyone before and regardless of whether the owner knew the dog was dangerous. There is no "one free bite" rule in California. If a dog bit you while you were in a public place or lawfully on private property, the owner owes you compensation.

Small claims court can handle many dog bite cases, but understanding the limits — and what evidence to bring — determines whether it's the right forum for your specific situation.

When Small Claims Is the Right Forum

Small claims court handles dog bite cases where your total damages (medical costs, lost wages, and property damage) are $12,500 or less for individuals (CCP § 116.221).

Dog bite cases are appropriate for small claims when: - Your injuries required minor medical treatment (urgent care, a few follow-up visits, wound care) - You have documented medical expenses under $12,500 - You are not claiming significant ongoing treatment or permanent injury - The case does not involve complex medical causation issues

Dog bite cases that are likely too large or complex for small claims: - Serious injuries requiring surgery, hospitalization, or physical therapy - Permanent scarring or disfigurement (these cases often involve higher damages and benefit from attorney representation) - Injuries to children with long-term consequences - Cases where liability is disputed and expert witnesses are needed

For serious injuries, consult a personal injury attorney — many take dog bite cases on contingency, meaning you pay nothing unless you win.

California's Strict Liability Rule

Civil Code § 3342 makes this clear: "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."

This means you do not need to prove the owner knew their dog was dangerous. You do not need to prove the dog had bitten before. You simply need to prove: 1. You were bitten by the dog 2. You were in a public place or lawfully on private property at the time 3. You suffered damages

Exceptions to strict liability: - Trespassers: If you were on private property without permission, strict liability does not apply - Provocation: If you provoked the dog (teased, hurt, or cornered it), the owner may argue shared fault — California's comparative fault rules could reduce your damages proportionally - Law enforcement dogs: Civil Code § 3342 does not apply to police or military dogs being used in their official capacity

What You Can Recover

In a California dog bite small claims case, you can claim:

• Medical bills — emergency room visit, urgent care, follow-up appointments, prescription medications, wound care supplies
• Lost wages — if the injury caused you to miss work, documented by pay stubs and a doctor's note
• Property damage — clothing or items damaged in the attack
• Scarring — if there is permanent visible scarring, this is compensable, but quantifying it can be difficult in small claims

What you generally cannot recover in small claims: significant pain and suffering damages (these require a more formal assessment than a small claims judge can make), punitive damages, or damages for psychological trauma without medical documentation.

Finding and Naming the Dog's Owner

Identity: You need the owner's full legal name and address. If the bite happened in a public park or neighborhood and the owner left without providing information, gather witness accounts and contact animal control — bite incidents are logged and may include owner identification.

Animal control records: File a bite report with your local animal control agency if you haven't already. This creates an official record and requires the agency to investigate. Request a copy of the report — it may include the owner's name, address, the dog's vaccination records, and any prior bite history (which, while not required for your strict liability claim, strengthens your case and helps establish damages).

Homeowner's or renter's insurance: Many dog bites are paid through the dog owner's homeowner's or renter's insurance policy. Before filing in small claims, ask the owner for their insurance information. If they cooperate and their insurer pays your documented claims, you avoid going to court entirely. If the insurer makes a lowball offer and you reject it, you can still file in small claims.

Evidence to Bring to Your Hearing

Organized, documented evidence wins dog bite cases. Bring three copies of:

Medical documentation: - Emergency room or urgent care visit records (intake notes, treatment records, discharge summary) - Pharmacy receipts for medications - Any physician notes related to wound care or follow-up treatment - Medical bills (itemized, showing the specific amounts charged)

Photographs: - Photos of the injuries taken immediately after the bite (in the ER or right after) - Sequential photos showing healing progression — these document the severity and timeline - Photos of the location where the bite occurred

Proof of the bite: - Animal control report - Witness names and contact information (or written statements from witnesses) - Any text or email exchanges with the owner after the incident

Proof of damages: - Pay stubs and a doctor's note for lost wages - Receipts for destroyed property

A written timeline: Date of the bite, location, what happened, medical treatment received on each date, and total costs incurred.

The Hearing

State your case clearly and concisely. The strict liability standard means your opening is simple: "On [date], the defendant's dog bit me at [location]. I was lawfully present. Here are my documented medical costs totaling [amount]."

The owner may argue provocation or trespass. Be prepared to explain exactly why you were at the location and what you were doing when the bite occurred. If you have witnesses, their accounts are valuable.

If the owner claims they are not the dog's owner, or that the dog was being walked by someone else, the legal analysis gets more complex. Generally, the person who "owned" or "kept" the dog at the time of the bite can be liable.

After You Win

A judgment for a dog bite is enforceable like any California civil judgment. If the owner has homeowner's insurance, the judgment often triggers payment through their policy. For owners without insurance, standard enforcement tools apply: bank levy, wage garnishment, real estate lien.

Don't Undervalue Your Claim

Medical costs accumulate quickly — an emergency room visit for a dog bite can easily cost $1,000-$3,000 even for a relatively minor wound. Lost wages from missing a day or two of work add to that. Before dismissing your claim as too small to pursue, add up all your actual documented expenses and confirm whether you're within the small claims limit.

The California Small Claims Court Filing Guide covers the complete process from demand letter through enforcement — including how to handle insurance companies that make lowball offers before you decide whether to file.

Get the California Small Claims Court Filing Guide