This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. He holds a Juris Doctor from Chapman University Fowler School of Law and a B.A. in Global Studies & Maritime Affairs from the California Maritime Academy. Widely recognized for his advocacy in personal injury law, he has secured multi-hundred-thousand-dollar settlements in motorcycle accidents, hit-and-runs, and red-light collision cases. He maintains a perfect 10.0 “Superb” rating on Avvo.
Beyond his legal practice, Mr. Cefali actively supports his community through the Rotary Club of San Juan Capistrano, contributes to housing and meal programs for those in need, and enjoys fishing and spending time with his rescue dogs.
The date below reflects when this page was last reviewed for accuracy. Please see our Editorial Guidelines.
If a dog bit you in Garden Grove, California law makes the owner responsible for your injuries in most cases, even when the dog had no history of biting and the owner was not careless. In most cases the claim is paid by the owner's homeowners or renters insurance, and it can cover your medical care, lost income, scarring, and the emotional effects of the attack.
Dog bites are among the most common injury claims in the country. The Insurance Information Institute reports that insurers paid $1.57 billion on 22,658 dog-related injury claims in 2024, an average of $69,272 per claim, and California had more claims than any other state. Cefali & Cefali represents dog bite victims in Garden Grove and throughout Orange County from our office at 27136 Paseo Espada, Suite 1123, San Juan Capistrano. Call (949) 325-7790 for a free consultation; you pay nothing unless we recover.
Is a Dog Owner Liable for a Bite in Garden Grove?
Usually, yes. Civil Code section 3342 holds the owner strictly liable for a bite that happens in public, such as on a sidewalk or in a park, or on private property where the victim had a right to be, which includes the owner's home. A claim under that statute generally rests on four facts:
The person you are claiming against owned the dog.
The dog bit you.
You were somewhere you had a right to be: a public space like a sidewalk, park, or store, or private property you entered legally as a guest, worker, or delivery driver.
The bite caused you harm.
Fault is not part of the test, and neither is the dog's history: California never adopted a "one free bite" rule. There is also no minimum injury requirement: any bite that causes harm can support a claim, though the value of the claim depends on how serious the injury is.
Injuries Without a Bite
Section 3342 applies only to bites. When a dog jumps on someone and knocks them over, or runs at a cyclist and causes a crash, the claim rests on negligence instead. That usually means showing the owner broke a leash law, failed to control the dog, or knew the dog was aggressive and did not take reasonable steps. Those claims can be just as valuable, especially when a fall causes fractures or a head injury, but they need more evidence about the owner's conduct.
Landlords, Dog Sitters, and Other Responsible Parties
Someone other than the owner can share responsibility. A landlord can be liable if they knew a tenant's dog was dangerous and had the power to have it removed, as the Court of Appeal held in Uccello v. Laudenslayer (1975) 44 Cal.App.3d 504. A dog sitter, walker, or business that was caring for the dog can also be liable if they failed to control it.
When the Strict Liability Rule Does Not Apply
The rule has limits. A trespasser generally cannot use section 3342. Police and military dogs doing their work are mostly exempt under the statute itself. And people who handle dogs for a living, like vets, groomers, and kennel staff, generally cannot recover for a bite on the job because of the assumption of risk doctrine, which the California Supreme Court applied to a kennel worker in Priebe v. Nelson (2006) 39 Cal.4th 1112. If you provoked the dog, the owner can argue your own fault reduces the recovery.
First Steps After a Garden Grove Dog Bite
Get medical care the same day. Bites infect easily, and puncture wounds that look small can damage tendons and nerves. For serious injuries, the closest Level I trauma center is UCI Health in Orange.
Find out who owns the dog. Write down the owner's name, address, and phone number, and ask for proof of rabies vaccination. If the owner is a tenant, note the landlord's name too.
Report the bite.Garden Grove Animal Care Services takes bite reports in the city, and an animal control officer will follow up. State rules require bites to be reported to health authorities and usually require the dog to be quarantined for 10 days, which also helps answer the rabies question.
Photograph everything. Take pictures of the wounds before and after treatment, torn clothing, the location, and the dog. Keep taking photos as the wounds heal so the scarring is documented.
Get witness information from anyone who saw the attack or knows the dog's history.
Keep a record of medical visits, missed work, and how the injury affects sleep and daily life. Children in particular may show fear or nightmares that are worth noting.
Be careful with the insurer. Expect an early call from the owner's insurer. Giving a recorded statement is optional, and early offers rarely account for future scar treatment.
Common Dog Bite Injuries
Dog bites tear and crush tissue at the same time, so the damage is often worse than the wound looks at first. The injuries we see most include:
Deep punctures and lacerations that can need stitches, surgery, or skin grafts.
Infections, which can spread quickly from a bite to the hand or face and sometimes require hospitalization and IV antibiotics.
Nerve and tendon damage, especially in the hands and arms, that can limit grip and movement.
Facial injuries and scarring, most common in children because of their height, often needing plastic surgery and scar revision as they grow.
Fractures and head injuries from being knocked to the ground.
Emotional injuries, such as anxiety around dogs, nightmares, and post-traumatic stress.
Damages in a Garden Grove Dog Bite Case
The claim can include every loss the attack caused:
Type of loss
Examples
Medical expenses
ER care, surgery, antibiotics, rabies shots, follow-up visits
Future treatment
Scar revision, plastic surgery, physical or hand therapy
Counseling
Therapy for anxiety, fear, or post-traumatic stress
Lost income
Missed work and any reduced ability to earn
Scarring and disfigurement
Permanent marks, especially on the face, hands, or arms
Pain and suffering
Physical pain, emotional distress, and loss of enjoyment of life
Punitive damages are rare. Under Civil Code section 3294 they require clear and convincing proof of malice, such as an owner who knowingly let a dog with a history of attacks run loose. Insurance generally does not pay punitive damages. For more on valuing these claims, see our article on dog bite compensation in California.
Which Insurance Pays?
Most of the time the money comes from the owner's homeowners or renters policy, because those policies carry personal liability coverage that follows the owner. A bite that happens in a park or on a sidewalk is usually still covered by the owner's home policy. Our article on personal injury coverage on homeowners insurance explains how that coverage works.
Coverage gaps do happen. Some policies exclude certain breeds or a specific dog that has bitten before, some owners have no insurance, and policy limits can be lower than the damages in a serious attack. When that happens, other sources may include a landlord's policy, an umbrella policy, or the business that was caring for the dog.
Dog Bites Involving Children
Kids are the most frequent dog bite victims, and their bites often land on the face because of their height. A child's claim has a few special rules. The two-year deadline is generally paused until the child turns 18 under Code of Civil Procedure section 352, though it is usually better to act while the evidence is fresh. A parent may also have a claim for the medical bills they paid. And any settlement for a minor must be approved by the court, which reviews the amount and decides how the money is protected until the child is an adult.
Dangerous Dogs and Repeat Attacks
California also has laws aimed at dogs with a history of aggression. Under Civil Code section 3342.5, the owner of a dog that has bitten someone must take reasonable steps to remove the danger, and after two separate bites a court can order the dog removed or destroyed. The Food and Agricultural Code lets local agencies label a dog "potentially dangerous" or "vicious" and impose restrictions. A prior designation or a record of earlier bites is strong evidence when a negligence claim is needed, and it can support a punitive damages claim.
Dog Bite Claim Deadlines in California
In most dog bite cases the deadline to sue is two years after the bite, set by Code of Civil Procedure section 335.1. If a public agency is responsible, for example a city-owned dog or an attack caused by a city employee, Government Code section 911.2 sets a six-month deadline for a written claim to the agency. Medical records and witness memories are strongest early, so it helps not to wait.
How Our Garden Grove Dog Bite Lawyers Help
Identify the owner, any landlord or caretaker, and every insurance policy that may apply.
Obtain the animal control report, the dog's vaccination and bite history, and witness statements.
Document your injuries, scarring, and future treatment needs with your doctors.
Handle the insurers and negotiate a settlement that covers future scar care, not just current bills.
Take the case to Orange County Superior Court when a fair settlement is refused.
Is a dog owner always responsible for a bite in California?
In most cases. Civil Code section 3342 makes the owner liable for a bite in public or on private property the victim entered legally, whether or not the dog had bitten before. Trespassers, police dog cases, and people who handle dogs for work are the main exceptions.
Can I sue if the dog did not break the skin?
Section 3342 covers bites, and a bite can cause harm even without deep punctures, such as bruising or a crushing injury. If the dog knocked you down without biting, the claim is based on negligence instead.
Who pays if the dog belongs to my friend or neighbor?
Usually their homeowners or renters insurance, not the person directly. Liability coverage exists for this situation, and unless the damages exceed the policy limits, the payment comes from the insurer rather than your friend.
How much is a dog bite claim worth?
It depends on medical costs, scarring, lost income, and how the injury affects your life. The national average insurance payout in 2024 was about $69,000, but facial scarring and nerve damage cases can be worth much more.
Do I need to report a dog bite in Garden Grove?
Yes. Report it to Garden Grove Animal Care Services. The report starts the rabies quarantine process and creates an official record of the attack.
What is the deadline for a dog bite lawsuit?
Generally two years from the bite under Code of Civil Procedure section 335.1, or six months for a claim against a public agency. A child's deadline is usually paused until age 18.
Discuss Your Claim With a Dog Bite Lawyer in Garden Grove
A dog attack can leave scars that last long after the wounds close. Our attorneys can find the right insurance, document the full extent of your injuries, and press for a recovery that covers future care. Call (949) 325-7790 or reach us through our contact page for a free consultation about your Garden Grove dog bite case.
Michael Cefali is a dedicated accident attorney based in San Juan Capistrano, California, committed to securing justice and fair compensation for accident victims.
A graduate of Newport Harbor High School, he went on to earn his Bachelor’s degree in Global Studies and Maritime Affairs from the California Maritime Academy, followed by his Juris Doctor from Chapman University School of Law.
Deeply invested in his community, Michael is an active member of the Rotary Club of San Juan Capistrano, contributing to efforts that provide meals, housing, and support to those in need. Outside of his legal work and volunteer service, he enjoys fishing in Dana Point and spending time with his three rescue dogs—a Chihuahua, a Spaniel mix, and a Shepherd mix.
Driven by his strong belief in justice and fairness, Michael remains steadfast in advocating for individuals harmed by the negligence or inaction of others.
