Can you get a cash advance on a dog bite case?

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

The liability rule depends on the state

• California. A dog owner is liable for damages to anyone “bitten by the dog” in a public place or lawfully in a private place, including the owner’s property, “regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness” (Civ. Code 3342). Being lawfully on private property includes being there on a duty imposed by law or on the owner’s express or implied invitation. Police and military dogs have a separate exception. Injuries from a dog that knocks someone down without biting fall outside this statute and are generally handled as negligence claims; our California dog bite law guide explains both.
• Texas. There is no general dog bite statute. The Texas Supreme Court applied strict liability to an owner who knew or had reason to know an animal was vicious, held that the victim’s contributory negligence is no defense to that claim, and said voluntary assumption of risk could be (Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974)). The same opinion recognized that the owner of an animal not known to be dangerous can be liable for negligent handling, and a later case held that evidence an owner did not try to stop an attack already underway raised a fact question on whether she used ordinary care (Bushnell v. Mott (Tex. 2008)). Our FAQ asks whether Texas is a one-bite state.
• Washington. The owner is liable for a bite in a public place or where the person is lawfully present, regardless of the dog’s former viciousness or the owner’s knowledge (RCW 16.08.040). Proof that the injured person provoked the attack is “a complete defense” (RCW 16.08.060). See our FAQ on Washington dog bite law.

For a funder, a strict liability state shifts the review toward insurance and injuries. In Texas, expect questions about what proof shows the owner knew of the danger or failed to use ordinary care. Our FAQ on dog bite evidence lists what helps.

Insurance: homeowners, renters and dog exclusions

The owner’s insurance is the usual place to look for payment. The Texas Department of Insurance tells consumers that homeowners insurance “might help” when a dog bites someone on the owner’s property, that “some policies exclude certain breeds,” and that medical payments coverage pays the medical bills of people hurt on the property (TDI). The NAIC notes that some insurers still use breed lists when underwriting homeowners and renters liability policies, and it reports Insurance Information Institute figures showing U.S. insurers paid $1.57 billion for nearly 23,000 dog-related injury claims in 2024 (NAIC).

Washington adds a rule for dogs already declared dangerous: to register one, the owner must show a surety bond or liability insurance, such as homeowner’s insurance, of at least $250,000 covering injuries the dog inflicts (RCW 16.08.080).

What this means for an advance:

• If the owner’s policy excludes the dog or the breed, or the owner has no policy, the claim may depend on what the owner personally can pay, and a funder may decline.
• If the bite happened at a rental, the landlord’s or tenant’s policy may be involved, and whose policy applies can take time to sort out.
• The policy limit usually caps a funder’s view of the claim. Our FAQ on what a policy limit is explains how lawyers learn it.

Children, scars and how long the case takes

When the person bitten is a child, the claim generally needs court approval before it settles, and a parent cannot simply pledge the child’s recovery to a funder; see a child’s injury case. Bites to the face or hands may need follow-up care for scarring, and a lawyer may wait for a clearer medical picture before making a demand. Each month of waiting adds charges on most advances.

Deadlines to sue are two years in California (CCP 335.1) and Texas (CPRC 16.003) and three years in Washington (RCW 4.16.080) for most injury claims, with exceptions such as rules for minors. Other states set their own; for funding rules elsewhere, see the laws by state table.

Emergency care, stitches, rabies shots and plastic surgery can leave health plan or provider claims that are paid from the recovery before a funder; see funding and medical liens.

What to ask before you sign

• Has the owner’s insurer been identified, and has it confirmed the policy covers this dog?
• Does the policy have a breed or animal exclusion, and what is the liability limit?
• In Texas, what evidence shows the owner knew the dog was dangerous or failed to control it?
• Is the injured person a minor, and has the funder been told?
• What would I owe at 12, 24 and 36 months if scar treatment delays the case?

Common questions

Related pages

Cash advance on a lawsuit · Laws by state · Injury law FAQs

Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.