In California, you generally have two years to file a personal injury lawsuit after a dog bite. The time runs from the date of the bite, under California Code of Civil Procedure Section 335.1. If you miss this deadline, your claim is permanently barred, no matter how severe your injuries are. But several important exceptions may shorten or extend the deadline, depending on your circumstances. Attorney Damoun Yazdi at The Accident Network Law Group handles dog bite claims throughout Southern California and makes sure all filing deadlines are met.

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Key Takeaways

  • The standard statute of limitations for California dog bite claims is two years from the date of the bite (CCP Section 335.1)
  • Minor victims’ claims are tolled until they turn 18, then they have two years to file
  • Claims against government entities (government-owned dogs) require a tort claim within six months under Government Code Section 911.2
  • Filing an insurance claim does not toll (pause) the statute of limitations for a civil lawsuit
  • Even if your injuries seem minor initially, consulting an attorney early protects your rights against the two-year deadline

The Two-Year Statute of Limitations

California Code of Civil Procedure Section 335.1 establishes a two-year statute of limitations for personal injury claims, including dog bite claims. The clock starts running on the date of the bite. If you do not file a lawsuit within two years, your claim is permanently barred, and no court will hear your case regardless of the strength of the evidence or the severity of your injuries.

Two years may seem ample time, but dog bite cases require medical treatment, possible surgical procedures, photography of the healing progression, and time for injuries to stabilize before their full extent is known. By the time you have a complete picture of your medical situation, one year may already have passed.

Exceptions That Shorten the Deadline

Claims against government entities: If the dog that bit you was owned or controlled by a government entity, for example a police K-9 that bit you outside the scope of a lawful apprehension, a dog at a government facility, or a government employee’s dog during their work duties, California Government Code Section 911.2 requires an administrative tort claim be filed within six months of the bite. Missing this six-month deadline permanently bars your lawsuit against the government entity.

Exceptions That Extend the Deadline

Minors: When a child is bitten by a dog, California law tolls the statute of limitations until the child turns 18. After turning 18, the two-year clock begins running. A child bitten at age 5 has until age 20 to file a lawsuit. However, this tolling does not apply to government entity claims; parents must file the government tort claim within six months on the child’s behalf.

Mental incapacity: If the injured person was mentally incapacitated at the time of the bite, the statute of limitations may be tolled until the incapacity ends.

Discovery rule: In rare cases where the bite victim did not know they were bitten, for example a sleeping person bitten by a dog, the discovery rule might delay the start of the limitations period.

Why Acting Early Matters Even with Two Years

Evidence preservation is more effective early. Photographs of the bite wound taken on the day of the attack and in the days following show the wound’s progression and the resulting scarring. Animal control records are more complete and accessible when filed immediately after the incident. Witnesses remember details more accurately when interviewed promptly. The dog’s vaccination and ownership records are easier to obtain shortly after the bite.

Attorney Yazdi advises dog bite victims to consult an attorney as soon as possible after the attack, even before the injuries have fully healed. Early consultation allows the attorney to document the full progression of the injury, identify all responsible parties, and build the strongest possible case.

California Laws Relevant to Dog Bite Filing Deadlines

California Code of Civil Procedure Section 335.1 (two-year statute of limitations), Government Code Section 911.2 (six-month government tort claim deadline), California Civil Code Section 3342 (strict liability for dog bites), California follows pure comparative negligence (Li v. Yellow Cab Co., 1975).

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Kia Tehrani

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Knowledgeable and efficient. Completely satisfied with the result. Definitely will refer them to friends and family if needed.

Contact a California Dog Bite Attorney

Do not wait to consult an attorney about your dog bite claim. Attorney Damoun Yazdi at The Accident Network Law Group, with 12+ years of experience and a background as a former law clerk at the LA County DA’s Office, offers free consultations on a contingency basis. Our team serves Riverside, Costa Mesa, Rancho Cucamonga, Apple Valley, Victorville, Bakersfield, and throughout Southern California. Se habla espanol.

Legal Disclaimer

This content is for informational purposes only and does not constitute legal advice. The outcome of any case depends on its specific facts and circumstances. Past results do not guarantee future outcomes. Contact The Accident Network Law Group for advice about your individual situation.