Can I Sue if My Neighbor’s Dog Bites Me in California?

 Posted on October 22, 2025 in Personal Injury

A dog attack is shocking, painful, and deeply personal, especially when it comes from a neighbor’s pet. In tight-knit communities, where many people know their neighbors and their dogs by name, an injury can leave scars that go beyond physical injuries.

As of October 2025, California Civil Code § 3342 continues to establish strict liability for dog owners. This means that if a dog bites a person who is legally in a public place or on private property, including the dog owner’s property, the owner is liable for the injuries. There is no "one free bite" rule. The victim does not have to show that the owner knew the dog could be aggressive.

Dog bite victims often feel torn between wanting justice and wanting neighborhood peace. If you or your child were bitten by a dog, you may be afraid that an investigation into liability could upend the whole neighborhood. But under California law, victims do not need to prove that a dog was dangerous or that the owner was negligent. If a dog bites someone, the owner is almost always legally responsible.

The process of pursuing a claim against someone you know can be very difficult. An experienced Gilroy, CA dog bite attorney can help. We will handle the legal and financial aspects of your case while you focus on recovery.

What If the Dog Bites a Child in Santa Clara County?

Children are among the most common victims of dog bites, and the injuries can be devastating. A bite to a child’s face or hands can leave lifelong scars and trauma. Under California’s strict liability law, parents can bring a claim on behalf of their injured child. 

In Santa Clara County, animal control officials take child bite cases seriously, especially if the dog has a history of aggression or is unvaccinated. When a child is bitten, medical care should come first, followed by a prompt report to Santa Clara County Animal Services. The report helps create a record of the bite, which is vital for both medical care and legal action.

It is also worth understanding that a dog bite case involving a child often involves emotional and psychological harm in addition to physical injuries. A compassionate lawyer can work with medical professionals to document trauma, anxiety, or nightmares that result from the attack. While no amount of money can undo that harm, fair compensation can support your child’s healing and keep the same thing from happening to other children.

What If the Dog’s Owner Does Not Have Insurance?

In an ideal world, every dog owner would have homeowner’s or renter’s insurance to cover bite injuries. But in reality, some do not. When that happens, victims still have options. You can sue the dog’s owner directly for damages, even if the owner cannot pay immediately. Courts can order payment over time and even make someone sell their assets if necessary.

If the owner rents their home, the property’s landlord may share liability. In certain cases, a landlord who knew that a tenant’s dog was dangerous and failed to act can also be held responsible for resulting injuries. Each case depends on the facts.

Some victims also turn to their own insurance coverage. A skilled attorney can review every potential source of recovery and determine which path provides the best result.

Contact a Gilroy, CA Dog Bite Injury Attorney

For more than 20 years, Fuller Law Firm has helped people in Gilroy and across Santa Clara County rebuild their lives after serious injuries. Born and raised in the area, Attorney Fuller understands that a dog bite can mess up not only your health, but your sense of safety in your own community. We take time to listen, believe in our clients, and help them navigate the legal system with dignity and clarity.

If you or your child has been bitten by a dog, contact a Santa Clara County dog bite injury lawyer at Fuller Law Firm. With over 20 years of experience, we provide personalized care and free consultations for victims seeking justice and recovery. Call 408-234-7563 today to talk about your case.