Dog Bites
San Diego Dog Bite Attorneys
Khashayar Law Group represents people seriously injured by dog attacks throughout San Diego County. California imposes strict liability on dog owners for bite injuries under Civil Code §3342 — a powerful framework that does not require proof of the owner's negligence or knowledge of the dog's prior aggression. The firm prosecutes serious dog bite cases with attention to insurance coverage, identifying every responsible party, and the long-term medical and psychological consequences of these injuries.
California Civil Code §3342 Strict Liability
California Civil Code §3342 imposes strict liability on a dog's owner when the dog bites a person:
- In a public place, OR
- Lawfully in a private place, including the owner's property.
The owner is liable regardless of whether the dog has previously bitten anyone or shown any sign of aggression. The doctrine does not apply to military, police, or governmental dogs performing their duties (§3342(b)). For non-bite injuries (knockdowns, scratching, fear-based injuries), traditional negligence principles apply.
Who May Be Responsible Beyond the Owner
Other potentially responsible parties may include the landlord (if the landlord had actual knowledge of the dog's vicious propensities and the power to remove or control the dog), a property manager or HOA where the attack occurred in a common area with inadequate security, a dog walker or kennel operator under their care at the time, and a dog-training business that failed to properly contain or supervise.
How Khashayar Law Group Handles These Matters
Khashayar Law Group approaches every matter with the same trial-ready discipline that produced over $165 million in recoveries firm-wide. Daryoosh Khashayar has tried cases before juries, before judges, and before the California Court of Appeal, where he has secured multiple reversals of Superior Court rulings. He has litigated against major insurers including GEICO and Progressive, and against large corporations including Walmart and Costco.
ABOTA Membership and What It Means for Clients
Daryoosh Khashayar is a member of ABOTA — the American Board of Trial Advocates, an invitation-only organization for attorneys with exceptional verified civil jury trial experience and judicial recommendations. The firm has recovered more than $165 million for clients and prepares every matter — transactional or litigated — with the trial-readiness corporate counterparties respect.
Frequently Asked Questions
Does the "one bite rule" apply in California?
No. California rejects the common-law "one bite" rule. Under Civil Code §3342, the owner is strictly liable for the first bite — no prior aggressive history is required.
Can a landlord be liable for a tenant's dog bite?
Sometimes. Under California law, a landlord can be liable for a tenant's dog when the landlord had actual knowledge of the dog's vicious propensities and the ability to remove or control the dog. The firm investigates landlord knowledge in every serious dog bite case.
How long do I have to file a California dog bite claim?
Two years from the date of the bite under California Code of Civil Procedure §335.1.
What if the dog owner doesn't have homeowners insurance?
Many homeowners and renters insurance policies cover dog bite liability — sometimes with breed-specific exclusions. The firm identifies all available coverage. If insurance is unavailable, the owner is personally liable, and the firm pursues recovery accordingly.
Can I recover for emotional distress and PTSD from a dog attack?
Yes. California allows recovery for emotional distress and psychological injuries flowing from a physical injury, including PTSD, anxiety disorders, and scarring-related distress. Children's psychological injuries from dog attacks are often significant and should be properly documented.
Talk to a San Diego Dog Bite Attorney
Khashayar Law Group serves clients throughout San Diego and California. Consultations are free and confidential. Call (858) 509-1550 or visit our office at 1350 Columbia St., Suite 303, San Diego, CA 92101.
