Dog Bites in La Jolla
A prior bite is not required. The owner's insurance is usually where the claim goes.
California imposes strict liability on dog owners under Civil Code section 3342. A prior bite is not required, and "he has never done that before" is not a defense. The claim usually proceeds against the owner's homeowners or renters policy.
What a dog bite claim needs
Who owns the dog, where the bite happened, and what insurance the owner carries. Identifying the owner and their homeowners or renters insurer is the first practical step, and it is easier while witnesses and neighbours are still easy to reach. Photographs of the wounds over time, the treating records, and any scarring evaluation follow.
We also note whether the person bitten was in a public place or lawfully on private property, because section 3342 applies in those settings, and whether a bite report was made to the local animal services agency.
Dogs on San Diego beaches and parks
In the City of San Diego, including La Jolla, dogs are not allowed on beaches, the boardwalks or the adjacent parks from 9 a.m. to 4 p.m. between November 1 and March 31, or from 9 a.m. to 6 p.m. between April 1 and October 31; at other hours they must be leashed. The off-leash beaches are Dog Beach in Ocean Beach and Fiesta Island in Mission Bay Park. In City parks, dogs must be on a leash of eight feet or less except in posted off-leash areas, and bringing a dog into an off-leash area is treated by the Municipal Code as a waiver of liability in favour of the City (section 63.0102).
La Jolla has stricter spots: dogs are never allowed on the Children's Pool beach, breakwater wall, ramp or stairs, and they are prohibited at all times in the Point La Jolla and Boomer Beach closure area (section 63.0102(f) and (g)). Torrey Pines State Natural Reserve, a state park, does not allow dogs. In the City of San Diego, San Diego Humane Society is the City's animal services provider and may investigate bites; the County of San Diego Department of Animal Services serves the unincorporated county. In Hemet and the Coachella Valley, bites are reported to the city's or county's own animal services provider.
A leash or beach-hours violation can help show what happened, but under California law the owner's responsibility for a bite in a public place does not depend on it, and an off-leash area waiver protects the City, not the dog's owner.
Strict liability under Civil Code section 3342
The owner of a dog is liable for damages suffered by a person bitten while in a public place or lawfully in a private place, including the owner's property, regardless of the dog's former viciousness or the owner's knowledge of it (Civil Code section 3342). Injuries that are not bites, such as being knocked down, are usually evaluated under ordinary negligence (Civil Code section 1714) and local leash rules.
Most claims must be filed within two years (Code of Civil Procedure section 335.1); claims for a child may follow different timing rules (section 352). General information only. Exceptions apply and deadlines can be shorter than you expect: confirm yours with an attorney.
What to bring
- The owner's name and address, and the dog's description
- Photographs of the injuries from the first day and as they heal
- The location and time of the bite (which beach, park or street)
- Any animal services or police report number
- Names of witnesses
- Medical records, including any wound care or scar treatment
Deadlines to know
Drawn to scale from the day of the incident. The shortest deadline comes first.
Day 0
The incident
6 months
Claims against a public entity, before suit
Government Code section 911.2
2 years
Most California personal injury claims
Code of Civil Procedure section 335.1
3 years
Property damage
Code of Civil Procedure section 338
Questions
Under Civil Code section 3342, a prior bite is not required and the owner's knowledge is not the test, for bites in a public place or where the person was lawfully on private property.
It helps show what happened and who was responsible for the dog, but the owner's liability for a bite does not depend on the beach rules. Note the time and place exactly.
Usually the owner's homeowners or renters insurance. If the owner rents, the landlord is generally not the target unless specific facts make them responsible.
Related practice areas
Sources
- Civil Code section 3342 (dog bite liability), read
- Civil Code section 1714 (duty of ordinary care), read
- Code of Civil Procedure section 335.1 (two years, personal injury), read
- Code of Civil Procedure section 352 (minors), read
- City of San Diego Lifeguards, beach and bay regulations (dogs on beaches), read
- San Diego Municipal Code Chapter 6, Article 3, Division 1 (section 63.0102, animals in parks), read
- City of San Diego response to the 2023/24 Grand Jury report on dog bites (San Diego Humane Society as animal services provider), read
General information about California law, not legal advice, and no prediction about any particular matter. Every claim turns on its own facts. For personal injury matters there is no attorney's fee unless we obtain a recovery on your behalf. Clients may remain responsible for certain case costs as provided in the written fee agreement.
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The intake asks the questions an attorney would ask on the first call. The consultation is free and puts you under no obligation.
For personal injury matters, there is no attorney's fee unless we obtain a recovery on your behalf. Clients may remain responsible for certain case costs as provided in the written fee agreement.
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