You’re enjoying a sunny afternoon at your local public park—maybe walking your dog, watching your kids play, or just taking in the fresh air. Out of nowhere, a dog lunges from its owner's grip, bites you, and turns your peaceful outing into a painful, traumatic experience. The attack leaves you injured, shocked, and unsure of what to do next.
Dog bites are frightening and often serious, especially when they happen in a space where you felt safe. Beyond the immediate pain, you may now face medical bills, missed work, and even long-term emotional trauma.
If you’ve been injured by a dog at a public park, you may be wondering: Do I have any legal rights? Can I sue the dog owner or anyone else responsible? The short answer is—yes, in many cases, you can.
California has a clear and victim-friendly law in place to address dog bite injuries: Civil Code § 3342, commonly referred to as the “strict liability” dog bite statute. This law makes it possible for injured individuals to recover compensation from a dog’s owner without having to prove negligence or a history of aggression.
Here’s what that means: if you are lawfully in a public place or on private property (with permission), and a dog bites you, the owner is legally responsible—even if the dog has never bitten anyone before or shown any signs of being dangerous.
Unlike some states that follow a “one-bite rule,” which requires the victim to prove the dog had a known history of aggression, California imposes strict liability. This removes a major legal hurdle and ensures that victims don’t have to bear the cost of someone else’s failure to control their pet.
Strict liability means that liability is automatically assigned to the dog owner in the event of a bite—regardless of fault, intent, or the dog’s previous behavior. The law is designed to protect the public by encouraging responsible pet ownership and ensuring swift recourse for bite victims.
This statute covers all dog bite injuries, from minor punctures to serious wounds requiring hospitalization or reconstructive surgery. And it applies even if the dog was on a leash or confined, so long as the bite occurred while you were in a place you had a legal right to be.
One of the most common places where dog bites occur is in public parks, where dogs are often walked off-leash or may break free from their owners. Fortunately, California Civil Code § 3342 clearly applies to these settings. If you were attacked in a city, county, or state park while lawfully present, you are covered under the strict liability law.
Whether you were jogging on a trail, pushing your child in a stroller, or sitting on a park bench, the law is on your side—the dog owner is responsible for your injuries.
To file a dog bite claim under California Civil Code § 3342, the attack must have occurred in a place where you had a legal right to be. In the case of a public park, this requirement is typically satisfied, as parks are considered public spaces where all members of the community are lawfully allowed to walk, sit, jog, or play.
However, there are situations where location may be questioned—for example, if you crossed a fence into a restricted area or ignored posted warnings. In these cases, your legal right to be on the premises could impact your ability to recover compensation. That’s why documenting the setting of the incident is crucial.
To hold someone accountable under the law, you must be able to identify who owns or had control of the dog at the time of the attack. In many cases, this is straightforward—the dog’s owner is present at the scene and may even acknowledge responsibility. But in others, the dog may flee or the owner may leave without providing contact information.
At Tim Wright Law, we know how to handle these complications. We work with local authorities, park rangers, and animal control to investigate the incident, gather witness statements, and, when necessary, use surveillance footage to identify the responsible party.
Although California’s dog bite law is based on strict liability, evidence of owner negligence can strengthen your case and may be relevant in situations where the bite didn’t break the skin or where additional claims are being made (such as negligence or gross misconduct).
Most cities and counties in California have leash laws that require dogs to be restrained in public spaces, including parks. If the dog was off-leash or inadequately controlled at the time of the attack, that’s a strong indication of negligence. Failure to comply with local leash ordinances can support your claim for both liability and damages.
To bring a successful lawsuit, you must show that you suffered actual damages as a result of the dog bite. This includes:
Even if the bite appears minor, dog attacks can lead to serious complications such as infections, nerve damage, or rabies exposure. Don’t delay medical treatment. A healthcare provider will clean the wound, assess the risk of infection, and administer necessary shots like tetanus or rabies vaccinations.
Prompt medical documentation also serves as crucial evidence if you decide to file a personal injury claim. It shows that you took the injury seriously and helps link the dog attack directly to the harm you’ve suffered.
Always report the dog bite to local animal control or the police department as soon as possible. Filing an official report creates a formal record of the attack, which can be important if the owner denies the incident or if there is a history of complaints involving the same dog.
Animal control will usually investigate the case, determine if the dog has up-to-date vaccinations, and may quarantine the animal if necessary. These steps protect both your health and the safety of the community.
If you’re physically able—or if a trusted friend or family member is with you—start collecting evidence right away:
You may be approached by the dog owner, who might apologize or offer to pay your medical bills out of pocket. Avoid accepting any offers or signing anything without speaking to a lawyer. You may not yet know the full extent of your injuries or long-term costs, and accepting a quick payout could waive your right to full compensation.
At Tim Wright Law, we can communicate with the dog owner or their insurance company on your behalf to ensure your rights are protected and you’re not taken advantage of during this vulnerable time.
If you or someone you love has been bitten by a dog at a public park, don’t wait to get the legal support you need. These incidents can result in serious physical, emotional, and financial harm—and you have the right to hold the responsible parties accountable.
At Tim Wright Law, we understand how traumatic a dog attack can be. That’s why we offer free, no-obligation consultations to help you understand your legal rights and explore your options. We don’t charge any fees unless we win your case—so there’s no risk in reaching out for help.
Let us handle the legal details so you can focus on healing. Our experienced team is ready to advocate for you with compassion, integrity, and proven results.
📍 Burbank Office
1112 W. Burbank Blvd., Suite 302
Burbank, CA 91506
📞 (323) 379-9995
📍 Van Nuys Office
16555 Sherman Way, Suite B2
Van Nuys, CA 91406
📞 (818) 428-1080
📧 Email: firm@timwrightlaw.com
🌐 Website: www.timwrightlaw.com
