By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Bitten by a dog?
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What the evidence has to prove in each state
The legal test in your state decides which evidence carries the most weight.
| Main rule | What the evidence must show | Source | |
|---|---|---|---|
| California | The owner is liable for a bite in a public place or while you were lawfully on private property | Who owns the dog, where you were, and that you were bitten | Civ. Code 3342 |
| Texas | Strict liability for an animal known to be vicious; otherwise liability for negligent handling | What the owner knew about the dog, or what the owner did wrong | Marshall v. Ranne (Tex. 1974) |
| Washington | The owner is liable for a bite in a public place or while you were lawfully on private property; provocation is a complete defense | Ownership, location, the bite, and what you were doing when it happened | RCW 16.08.040, RCW 16.08.060 |
In Texas, proof of what the owner knew is often the center of the case, as Is Texas a one-bite state? explains. The other two states are covered in our California dog bite law guide and Washington dog bite law.
Bite reports and quarantine records
A bite report is often the first official record of the date, the place, the dog and the owner.
| Reporting and quarantine rule | Source | |
|---|---|---|
| California | At the local health officer’s discretion, a biting dog or cat is kept in strict confinement approved by the health officer and observed for at least 10 days after the bite. A veterinarian may release it after an exam on the fifth day or later that finds no sign of disease. | 17 CCR 2606 |
| Texas | Anyone who knows of a bite that could transmit rabies must report it to the local rabies control authority, with the victim’s and owner’s names and addresses if known. The owner must submit the dog for quarantine and receives written notice of the start and release dates. The observation period is 10 days from the exposure. | H&S Code 826.041, 826.042, 25 TAC 169.27 |
| Washington | After a bite report, the local health officer may order a healthy dog, cat or ferret confined and observed daily for at least 10 days. | WAC 246-100-197 |
Get the report number as early as you can. The quarantine paperwork shows where the dog was held and who signed for it, which matters if the owner later says the dog belonged to a relative.
Animal control’s dangerous-dog file
An earlier finding about the same dog is strong evidence that its owner knew of a risk.
- California: a dog can be declared “potentially dangerous” after, among other things, an unprovoked bite that causes a less severe injury, and “vicious” after an unprovoked, aggressive attack that causes severe injury (Food & Agric. Code 31602, 31603).
- Texas: animal control may find a dog dangerous after reviewing sworn witness statements, and it must notify the owner in writing (H&S Code 822.0421). A dangerous dog is registered every year, and the owner must report any attack on a person to the registering office (822.043).
- Washington: a “potentially dangerous” dog includes one that bites a person without provocation, and a “dangerous” dog includes one that inflicts severe injury on a person without provocation (RCW 16.08.070). A dangerous dog needs a certificate of registration (RCW 16.08.080).
Ask for prior call logs, earlier bite reports, hearing notices and registration records for the dog and the address. Neighbors and delivery drivers who complained before, and their texts or posts about the dog, can show what the owner was told.
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Photos and medical records
Photograph the wound on the first day and then every few days as it heals, with a coin next to it for scale. Photograph the torn clothing, the gate or fence, and any warning sign, and keep the clothing as it is.
Tell the emergency room exactly how it happened and whose dog it was, because that history goes into the chart. The CDC says germs can spread from a bite even when the wound does not look deep, and that infected wounds may be red, painful or swollen or cause a fever. Mayo Clinic advises medical care for a deep puncture, badly torn skin, severe bleeding or signs of infection. Get emergency care for heavy bleeding or a deep wound, and see a doctor promptly if a bite looks infected. Keep every bill, including rabies shots.
Insurance information
The owner’s homeowner’s or renter’s policy pays many dog bite claims. The Insurance Information Institute says those policies usually cover dog bite liability up to limits that are typically $100,000 to $300,000, and that some insurers will not cover certain breeds. Ask the owner for the insurer’s name and policy number.
A dog already found dangerous may come with required coverage of its own. Texas requires at least $100,000 (H&S Code 822.042), and Washington requires a $250,000 surety bond or liability policy for registration (RCW 16.08.080). Our page What is a policy limit? explains how limits shape a claim.
Witnesses and video
Get the names and phone numbers of everyone who saw the attack. They can confirm that you were on a sidewalk or had been invited in, and that you did nothing the owner might call provocation. Doorbell and security cameras often face the street, and their footage may be recorded over, so ask neighbors to save the clip the same day and have a lawyer send a written preservation request. Our page on slip and fall evidence explains how courts respond when evidence is lost.
What this means for your case
Start with the records an agency or the owner holds: the bite report, the quarantine paperwork, the dangerous-dog file and the insurance policy. Your part is to take photos on a schedule, keep every medical visit and write down what happened while it is fresh. If the dog knocked you down without biting, its history matters more in all three states. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. More answers are on our injury law FAQs page.
Common questions
Do I have to report a dog bite to win a claim?
The California and Washington bite statutes do not list a report as a requirement, but a report is often the first official record of the bite. Texas law requires anyone who knows of a bite that could transmit rabies to report it to the local rabies control authority.
How do I get the quarantine records?
Ask the agency that handled the quarantine, usually animal control or the local health department. Give the date, the address and the owner’s name so the records can be found.
Do I need photos if I went to the hospital?
Yes. Hospital records describe the wound in words, while photos taken over several weeks show swelling, stitches, bruising and scarring as they change.
Does it matter that the dog bit someone before?
In Texas it can decide whether the owner is strictly liable. In California and Washington a first bite is covered by statute, but a prior bite can still matter for a knock-down or a claim against someone other than the owner. Beverly Law offers a free case review in English or Spanish at (310) 552-6959. You owe no fees or costs unless we win.
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Related pages
Sources
- Cal. Civil Code 3342 (leginfo.legislature.ca.gov)
- Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974) (law.justia.com)
- RCW 16.08.040 (app.leg.wa.gov)
- RCW 16.08.060 (app.leg.wa.gov)
- RCW 16.08.070 (app.leg.wa.gov)
- RCW 16.08.080 (app.leg.wa.gov)
- 17 Cal. Code Regs. 2606 (Cornell LII) (law.cornell.edu)
- Tex. Health & Safety Code 826.041 (statutes.capitol.texas.gov)
- Tex. Health & Safety Code 826.042 (statutes.capitol.texas.gov)
- 25 Tex. Admin. Code 169.27 (Cornell LII) (law.cornell.edu)
- WAC 246-100-197 (app.leg.wa.gov)
- Cal. Food & Agric. Code 31602 (leginfo.legislature.ca.gov)
- Cal. Food & Agric. Code 31603 (leginfo.legislature.ca.gov)
- Tex. Health & Safety Code 822.0421 (statutes.capitol.texas.gov)
- Tex. Health & Safety Code 822.042 (statutes.capitol.texas.gov)
- Tex. Health & Safety Code 822.043 (statutes.capitol.texas.gov)
- CDC, Dogs (healthy pets and bite safety) (cdc.gov)
- Mayo Clinic, Animal bites: First aid (mayoclinic.org)
- Insurance Information Institute, Spotlight on dog bite liability (iii.org)
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.