Dog Bite Lawyer: Who Pays After a Dog Bite in California, Texas and Washington

In California and Washington, a dog’s owner is generally liable for a bite in a public place or where you were lawfully present, even if the dog never bit anyone before (Civil Code 3342). Texas asks what the owner knew or did. The general deadline to sue is two years in California and Texas and three years in Washington.

Can I sue after a dog bite in California?

Usually, yes. California’s dog bite statute makes the owner liable when the dog bites someone in a public place or lawfully in a private place, including the owner’s own property, no matter how the dog behaved before or what the owner knew. A person is lawfully on the property when invited, expressly or by implication, or when carrying out a legal duty such as delivering mail.

The jury instruction lists four things to prove: the defendant owned the dog, the dog bit you while you were in a public place or lawfully on private property, you were harmed, and the bite was a substantial factor in that harm (CACI No. 463). The same instruction notes that the definition of lawful presence keeps trespassers from using the statute.

Two limits matter. The statute covers bites. If a dog knocked you down without biting, a claim may still rest on negligence or on the owner knowing the dog was dangerous. And people paid to handle dogs, such as veterinary staff and kennel workers, may be barred from a claim under the statute because the risk is part of the job (Priebe v. Nelson).

Is a dog owner responsible in Texas? The so-called one-bite rule

Texas has no dog bite statute like California’s. The Supreme Court of Texas has explained that an owner of a vicious animal can be strictly liable, while an owner of an animal not known to be vicious can be liable for negligent handling (Bushnell v. Mott). In that case the court held that even the owner of a dog not known to be vicious has a duty to try to stop an attack once it starts.

Evidence of earlier attacks, complaints or a dangerous-dog finding by animal control helps a Texas claim. State law’s definition of a dangerous dog includes one that made an unprovoked attack causing bodily injury outside a secure enclosure (Health & Safety Code ch. 822).

What is the dog bite law in Washington?

Washington’s rule mirrors California’s. The owner is liable for a bite in a public place or while you are lawfully on private property, regardless of the dog’s past behavior or what the owner knew (RCW 16.08.040). You are lawfully on the property with the owner’s express or implied consent, but consent is not presumed when the property is fenced or reasonably posted (RCW 16.08.050). Owners of dogs declared dangerous must carry a surety bond or liability policy of at least $250,000 for injuries the dog causes.

Who pays: homeowners and renters insurance

Many dog bite claims are paid by the owner’s homeowners or renters insurance, not out of the owner’s pocket. The liability part of a homeowners policy covers the policyholder or a resident of the household who is legally responsible for injury to others (California Department of Insurance). The Texas Department of Insurance adds that some policies exclude certain breeds and that medical payments coverage can pay the bills of people hurt on the property (TDI).

That is why a claim against a neighbor, friend or relative is often a claim against their insurer. Ask for the owner’s name, address and insurance company the day of the bite.

If a police or city dog was involved, a California claim against the public entity must be presented within six months (Gov. Code 911.2).

Report the bite and protect your health

Reporting creates an official record and starts the rabies check. In California, all bites from mammals must be reported to the local health officer (CDPH), and a biting dog is confined and observed for ten days or tested (CDPH Compendium). Texas requires anyone who knows of a bite that could transmit rabies to report it to the local rabies control authority (Health & Safety Code 826.041; DSHS). Washington’s health department calls for a ten-day confinement of a healthy biting dog (DOH).

Bites are common: the CDC says more than 6 million Americans report animal bites each year and 1.6 million seek medical care (CDC).

What to do now

1. Wash the wound with soap and water and get medical care the same day.
2. Get the owner’s name, address and homeowners or renters insurer.
3. Report the bite to animal control or the local health department.
4. Photograph the wound now and as it heals, and keep your torn clothing.
5. Write down witnesses and where the dog was, leashed or loose.
6. Do not give a recorded statement to the owner’s insurer before getting advice.
7. Call (310) 552-6959 for a free case review.

Talk to us

Dog bites leave scars and fear that last. Call (310) 552-6959 or use the form on this page. You owe no fees or costs unless we win.

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Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-12.