The holiday season is a time for joy, family, and celebration. Homes fill with the laughter of children, the aroma of home-cooked meals, and the excitement of reunions. But amid the festivities, an unexpected danger can surface — a family dog reacting poorly to the chaos. The noise, unfamiliar guests, and constant activity can easily overwhelm even the most well-behaved pets, leading to an increase in dog bite incidents during the holidays.
According to data from the U.S. Centers for Disease Control and Prevention (CDC), nearly 4.5 million Americans are bitten by dogs each year, and experts note a seasonal rise in cases during the winter months when social gatherings are most frequent. Children are often the most vulnerable victims, with many injuries occurring in homes where they feel most comfortable — a relative’s or friend’s house.
This brings up a difficult but important question:
Can you really file a claim if you’re bitten by a friend or family member’s dog during the holidays?
The answer is yes — and understanding your legal rights under California law is key. While these situations are emotionally challenging, victims shouldn’t have to bear the financial and physical consequences of an injury that wasn’t their fault.
California is known for having one of the nation’s strictest dog bite laws, designed to protect victims and ensure accountability. Under California Civil Code §3342, a dog owner is held strictly liable if their dog bites someone — even if the animal has never shown aggression before. This means that the victim does not need to prove negligence or that the owner knew the dog was dangerous. If the bite occurred while the victim was lawfully on private property or in a public space, the owner is responsible for resulting injuries.
In simpler terms, if you’re visiting a friend or relative for a holiday gathering and their dog bites you, the law is on your side. The owner’s intent or the dog’s history doesn’t matter — liability still applies.
It’s also important to note that a “bite” under California law isn’t limited to a deep wound or puncture. Courts have ruled that even a minor injury caused by a dog’s teeth — such as a bruise or skin break — can qualify as a bite if it causes harm. This distinction ensures that victims of all levels of dog-related injury have a path to recovery.
The holidays can be stressful — for humans and animals alike. Dogs that are normally calm may become anxious or protective when their environment changes. Common triggers include:
These factors combine to create the perfect storm for accidents. Even a friendly family pet can lash out when startled or stressed — and when that happens, it can leave serious physical and emotional scars.
Under California’s strict liability law (Civil Code §3342), a dog owner is responsible for injuries caused by their pet, even if it’s a first-time incident. This means that if you were lawfully on the property or at a gathering where the bite occurred, you have a valid right to seek compensation.
Filing a claim is not about punishment — it’s about protection. Medical costs for dog bites can add up quickly, especially when emergency care, plastic surgery, or long-term therapy are involved. By filing an insurance claim, you’re accessing funds already set aside for these kinds of situations, not taking personal money from your loved one.
Most homeowner’s insurance policies include coverage for dog bite injuries, whether the incident happens at the owner’s home or, in some cases, away from the property. This coverage can pay for:
However, there are a few exceptions. Some insurance providers exclude specific breeds known for aggressive tendencies, or deny coverage if the dog was previously involved in a bite incident. Coverage may also vary if the bite happened off the insured property or during an activity unrelated to the home.
An experienced personal injury attorney can review the policy language and determine the best path for compensation without creating conflict or confusion.
Even small punctures or scratches can lead to infection. Get medical care right away and ensure the injury is documented. This record will be vital for any insurance claim.
Notify local animal control or law enforcement. A report creates an official record of the incident and helps authorities confirm whether the dog is up to date on vaccinations, including rabies.
Take clear photos of your injuries, the location of the incident, and any visible conditions (such as an open gate or lack of leash). Collect witness information and note the time, lighting, and setting of the event — especially important during holiday gatherings when activity levels are high.
Ask the dog’s owner for their contact and insurance information. This will allow your attorney to communicate directly with their insurer rather than involving you in uncomfortable discussions.
It’s best to keep conversations about liability or payment to a minimum. Let your attorney handle sensitive communications — this keeps emotions in check and helps preserve relationships.
Before filing a claim or speaking with an insurance adjuster, contact an experienced California dog bite attorney. A lawyer can explain your rights, evaluate potential compensation, and handle negotiations on your behalf — often with no upfront fees.
Economic damages cover the tangible financial costs that result from a dog bite. These can include:
For severe injuries, your attorney can also account for loss of earning capacity, especially if your ability to perform your job is affected long-term.
Not all harm is visible. Non-economic damages compensate for the emotional and psychological effects of a dog bite, such as:
Dog bites can leave lifelong emotional scars, and the law recognizes that mental healing deserves compensation just as much as physical recovery.
Even after the wounds heal, victims may struggle with fear of dogs (cynophobia) or post-traumatic stress disorder (PTSD). Some people experience flashbacks, nightmares, or avoid social situations where dogs might be present. Counseling and therapy can help, but these treatments are costly — and should be included as part of your compensation claim.
Children are among the most common victims of dog bites, particularly during family gatherings where supervision may be limited. When a child is injured:
Because children may suffer greater emotional trauma and visible scarring, courts tend to take these cases especially seriously.
The holidays should be a time of warmth and connection — not injury and stress. If you’ve suffered a dog bite during a family gathering or holiday event, remember: seeking help isn’t about blame — it’s about recovery and accountability. You deserve to heal without the burden of unexpected medical bills or emotional distress.
Don’t let guilt or uncertainty stop you from protecting your future. Filing a claim simply ensures that the resources meant to help you — such as insurance coverage — are used for your recovery.
If you or someone you love was bitten by a dog during the holidays, contact Tim D. Wright Law for a free, confidential consultation. Our team will review your case, explain your options, and guide you every step of the way — with compassion and respect.
Contact Tim D. Wright, Personal Injury Attorney
📍 Burbank Office: 1112 W. Burbank Blvd., Suite 302, Burbank, CA 91506
📍 Van Nuys Office: 16555 Sherman Way, Suite B2, Van Nuys, CA 91406
📞 Phone: (323) 379-9995 (Personal Injury) | (818) 428-1080 (Workers’ Comp)
📧 Email: firm@timwrightlaw.com
🌐 Website: www.timwrightlaw.com
📱 Follow us on Facebook, Instagram, and Twitter
