California has one of the strongest dog bite laws in the country-and one of the most misunderstood. Dog owners and their insurance companies frequently imply that their pet’s lack of prior aggression limits liability, or that the victim somehow triggered the attack. Neither is true under California law. Understanding exactly what the law says-and how insurance companies try to work around it-is essential for any Burbank dog bite victim.
Strict Liability: No Prior History Required
California Civil Code Section 3342 creates strict liability: a dog owner is liable when their dog bites someone who is lawfully present-on public property or on private property with permission-regardless of whether the dog has ever shown aggression before. This is not a negligence claim. You don’t have to prove the owner knew their dog was dangerous. You don’t have to show prior bite history. The bite itself establishes liability.
This differs dramatically from ‘one bite’ states where owners escape liability for first attacks by claiming they didn’t know the dog was dangerous. In California, the first attack is fully compensable.
How Insurance Companies Fight Strict Liability Claims
Since they can’t argue the owner didn’t know their dog was dangerous, insurance companies focus on two defenses: trespass and provocation. Trespass requires showing the victim was on the property without permission or lawful right. For most attacks-on sidewalks, in parks, in front yards, or at homes where the victim was invited-this argument fails completely. Provocation requires showing the victim took substantial, unreasonable action that triggered the attack. Normal human movements, approaching a dog, or routine behavior doesn’t meet this standard under California law.
Top Dog Bite Attorneys in Burbank
1. Avian Law Group
Avian Law Group’s Burbank dog bite attorneys counter insurance defenses with evidence from the start. They document the attack location and victim’s right to be there, obtain animal control reports and any prior complaint history, secure witness statements from people who saw the attack, and photograph injuries immediately and throughout the healing process.
For serious injuries-facial lacerations requiring plastic surgery, nerve damage, significant scarring, or psychological trauma-they work with medical specialists who document treatment comprehensively, project future surgical needs, and calculate the full lifetime cost of the attack’s consequences. Insurance policies covering dog bites typically range from $100,000 to $500,000 under homeowners or renters insurance; for serious injuries, the firm pursues maximum available coverage.
2. The Dominguez Firm
Medical documentation expertise for complex dog bite injuries; experience with provocation defense challenges across different attack circumstances.
3. Citywide Law Group
Thorough attack documentation from initial injury through full recovery; challenges both trespass and provocation defenses with specific evidence.
4. West Coast Trial Lawyers
Scarring and disfigurement damage expertise; trial readiness that prevents insurers from minimizing serious injury cases.
5. The Reeves Law Group
Comprehensive case handling addressing physical injuries, psychological trauma, and long-term treatment needs.
Immediate Steps After a Burbank Dog Attack
Seek medical attention immediately-dog mouths contain bacteria that cause serious infections even from apparently minor bites. Report to Burbank Animal Care and Control; this triggers investigation of the dog’s vaccination status and creates an official record. Photograph injuries from day one and throughout healing-scar development over weeks and months is important evidence.
Document the dog owner’s information, the attack location, and any witnesses. California’s two-year statute of limitations applies. For attacks on children, the statute extends to their 20th birthday. Do not accept quick settlements without attorney consultation-future plastic surgery costs are rarely reflected in initial offers.
