Donald Colvin, Esq

When a Family Dog Bites, What Are Your Legal Rights in California?

When “Man’s Best Friend” Turns Dangerous

It was supposed to be a relaxing summer visit. The kids were playing in the backyard. The family dog had always been around them–loyal, playful, gentle. But in a moment, everything changed.

A growl. A snap. Then screaming.

Your child has been bitten by a dog. Not a stranger’s. A relative’s. The same dog that’s at every family barbecue.

Now you’re faced with questions no parent wants to ask:

  • Does my child need stitches? Who pays the medical bills?
  • Will reporting the bite ruin my family relationship?
  • Do I even have legal rights if the dog belongs to someone I love?

If you’ve been bitten by a family member’s dog in California, you’re not alone. And yes-you still have rights.

Dog Bites Are More Common–and Closer to Home–Than You Think

According to the CDC, over 4.5 million people are bitten by dogs each year in the U.S., and more than half of those victims are children. In California, dog bite laws are especially strict-but here’s what might surprise you: Most dog bites don’t come from strangers. They come from friends, relatives, and neighbors.

This means many dog bite victims–especially kids–are injured during family visits, sleepovers, and holidays. That makes the emotional toll even greater.

California Dog Bite Law Explained

California is a strict liability state when it comes to dog bites. That means that if a dog bites someone in California, the owner is legally responsible-even if the dog has never bitten anyone before.

Unlike some states, California does not require proof that the dog had a history of aggression. The only requirement is that:

  • The person was bitten.
  • The bite happened in a public place or while lawfully on private property.

This law applies even if the bite happened at your cousin’s house, your sister’s backyard, or your in-laws’ living room.

What If the Dog Belongs to Family?

This is where many parents hesitate. You love your relatives. You don’t want to start a fight. You don’t want to cause financial strain. But here’s what you need to know:

  • You’re not suing your family personally. Most homeowners and renters carry liability insurance that covers dog bites.
  • Your child’s health and future matter most. Dog bites can cause nerve damage, infection, emotional trauma, and scarring.
  • It’s not just about now–it’s about later. Without a claim, you may have to pay out-of-pocket for follow-up care, therapy, or plastic surgery.

Filing a claim doesn’t have to break the family-it can help protect it.

Common Dog Bite Injuries in Children

Children are especially vulnerable to serious dog bite injuries because of their size and how they interact with dogs. Common injuries include:

  • Facial bites (nose, lips, cheeks, eyes), puncture wounds to arms or legs
  • Nerve damage
  • Scars that may require cosmetic surgery
  • Psychological trauma (fear of dogs, nightmares, PTSD)

These injuries are not just medical. They can be deeply emotional, and long-term treatment can be expensive.

Real Story: Mateo’s Backyard Birthday

Mateo was 6 years old when he was bitten at his aunt’s house during a family BBQ in Delano, CA. Her dog, Max, had always been good with kids. But when Mateo reached too quickly for a toy near Max’s food bowl, Max lunged.

Mateo needed stitches in his cheek and later had to undergo two laser scar treatments. His parents were devastated. They didn’t want to sue Mateo’s aunt, but the medical bills were climbing, and their insurance didn’t cover it all.

We helped file a claim through the aunt’s homeowners’ insurance. The family remained close, Mateo got the care he needed, and the insurance company paid out $48,000 for medical care, pain, and future scar revisions.

What Compensation Can You Receive in a Dog Bite Claim?

In California, victims of dog bites can seek compensation for:

  • Medical expenses (ER, stitches, surgery, therapy)
  • Pain and suffering
  • Scarring or disfigurement
  • Future medical care (plastic surgery, mental health counseling), loss of quality of life
  • Emotional distress (especially for children)

If the bite was particularly severe or the owner was negligent (e.g., didn’t leash the dog), punitive damages may also be awarded.

What To Do After a Dog Bite-Even If It’s Family

If you or your child is bitten by a dog, take these steps:

  • Seek medical attention immediately. Even minor-looking bites can become infected.
  • Document the injury. Take photos of the wound, scene, and any blood-stained clothing.
  • Identify the dog and owner. Get names, addresses, and insurance info.
  • Report the bite to local animal control. This helps create a legal record.
  • Don’t let guilt stop you. You have the right to protect your family, both emotionally and financially.
  • Consult with a personal injury attorney. Especially when family dynamics make it complicated.

Will Filing a Claim Hurt Your Relationship?

This is one of the biggest concerns clients raise. The truth is:

  • Claims are usually handled entirely by insurance companies, not by the individual dog owner.
  • You’re not accusing anyone of being a “bad person,” just getting help with costs that shouldn’t fall on you.
  • With empathy and clear communication, families often come out stronger-not divided.

“We didn’t want to ‘sue’ Grandma. But we couldn’t let our daughter suffer without care. The claim let us focus on healing-not hospital bills.” – Former Colvin Client, Kern County

Why You Shouldn’t Wait to Take Action

Every day you wait, evidence can fade: Bite marks begin healing. Medical records get harder to retrieve. Witnesses forget details. Insurance companies grow more skeptical.

In California, the statute of limitations for personal injury claims, including dog bites, is two years from the date of injury. But earlier is always better. We recommend speaking to a personal injury attorney within days, not months.

FAQ: Bitten by a Family Member’s Dog in California

Q: Will I have to sue my family member in court?

A: Not likely. Most dog bite claims are settled privately through insurance without ever going to court.

Q: What if the dog has never bitten anyone before?

A: In California, that doesn’t matter. Owners are strictly liable for the first bite.

Q: Can I file a claim even if it happened at a family gathering?

A: Yes. As long as you were lawfully on the property and the bite occurred, you may have a valid claim.

Q: Will animal control take the dog away?

A: Not necessarily. Animal control may conduct an investigation, but unless the dog is deemed dangerous, it may remain with the owner.

Q: Can children sue for dog bites?

A: Children cannot sue on their own, but parents can file a claim on their behalf. Settlements for minors often require court approval to protect the child’s interests.

Q: Is there a time limit to file a claim?

A: Yes. The statute of limitations is two years from the date of the injury. However, for children, that clock may extend until they turn 18.

Conclusion: Your Child Deserves Safety-Even From Familiar Dogs

A dog bite from a family member’s pet is one of the hardest injuries to deal with. It combines physical pain with emotional conflict. But you don’t have to choose between family harmony and your child’s well-being. You can do both with the right legal guidance.

At Colvin Accident Lawyers, we’ve helped hundreds of California families navigate dog bite claims with compassion, care, and respect. If a family pet caused harm, don’t let shame or guilt keep you from protecting your loved ones. Contact Colvin Accident Lawyers for a confidential consultation. Let our family help yours heal.