San Jose Dog Bite Lawyer

Dog bites happen throughout San Jose in the everyday places where people and pets cross paths. Off-leash and poorly controlled dogs cause injuries at neighborhood parks like Kelley Park and Almaden Lake, along the Los Gatos Creek and Guadalupe River trails, and in the residential streets and apartment courtyards of areas such as Willow Glen, Berryessa, and Evergreen. Delivery workers, joggers, children at play, and visitors greeting a neighbor's pet are among the most frequently injured.

California's dog bite law is unusually favorable to victims, but a strong claim still depends on prompt documentation of the bite, the dog, and the owner.

Where San Jose Dog Bites Occur

• Off-leash incidents at parks and on creek and river trails
• Bites in residential yards, driveways, and apartment common areas
• Attacks on mail carriers, delivery drivers, and meter readers
• Bites suffered by children visiting friends or neighbors
• Loose dogs encountered while walking or jogging

California's Strict Liability Rule

Under California Civil Code section 3342, a dog owner is strictly liable when their dog bites someone in a public place or while the person is lawfully on private property, including the owner's own property. Strict liability means there is no "one free bite" defense in California. You generally do not need to show the owner was careless or that the dog had a history of aggression. The owner is responsible even if the dog had never bitten anyone before.

Separate negligence claims can also apply to non-bite injuries, such as being knocked down by a large dog, and pure comparative negligence may reduce recovery if the victim provoked the animal or was trespassing.

Injuries and Who Is Affected

Common dog bite injuries

• Puncture wounds and tearing of skin and muscle
• Nerve and tendon damage to hands and arms
• Facial injuries and permanent scarring
• Infections such as cellulitis or, rarely, rabies exposure
• Emotional trauma and lasting fear of dogs

Children at higher risk

Children are bitten more often and tend to suffer facial and head injuries because of their height, which can require plastic surgery and long-term care.

Compensation in a Dog Bite Claim

California law allows recovery of both economic and non-economic damages, though no result is ever guaranteed. Economic damages can include emergency treatment, wound care, surgery, scar revision, and future medical needs, plus any lost income. Non-economic damages can address pain, disfigurement, and the emotional impact of an attack. Homeowner or renter insurance frequently provides a source of recovery, and we identify the available coverage as part of building the claim.

Deadlines and the San Jose Court

California dog bite claims generally must be filed within two years under Code of Civil Procedure section 335.1. San Jose cases are typically filed in the Santa Clara County Superior Court, with civil matters heard at the Downtown Superior Court on North First Street.

MMG Law Firm represents dog bite victims across California from Glendale. We gather animal-control records, identify the owner and insurance, document injuries and scarring, and handle negotiations and any Santa Clara County court appearances remotely. Consultations are free in English, Armenian, and Russian, and we work on contingency, so there is no fee unless we win.