When a Dog Attack Takes a Life, Your Family Deserves Answers

A fatal dog attack lawsuit in California is a wrongful death claim. Certain family members can bring it against the dog’s owner when a bite or attack causes a death. California law makes dog owners liable for many bite injuries without requiring proof that they knew the dog was dangerous. This guide explains who can file, how that rule works, what families may seek, and what happens next. Colvin Accident Lawyers is based in Bakersfield, California, and represents families in wrongful death and dog bite cases.

What a Fatal Dog Attack Lawsuit Covers and Who It Is For

A fatal dog attack lawsuit seeks compensation for the family’s losses, not for the person who died.

The claim usually runs against the dog’s owner. In some cases, another party may share responsibility, such as someone who controlled the property where the attack happened. Those situations need a separate review of the facts.

This page is written for families in Kern County, Fresno, Visalia, Lancaster, Palmdale, Delano, Tehachapi, and elsewhere in California. Many readers are searching for a parent, child, or spouse. You don’t need every answer yet to start learning your options.

Who Can Bring a Wrongful Death Claim in California

Under California’s wrongful death statute, a claim may be asserted by specified family members and dependents, or by the decedent’s personal representative on their behalf. Code of Civil Procedure § 377.60 lists who may sue:

• The surviving spouse or registered domestic partner
• The children, and the issue of deceased children
• If there is no surviving issue, the people who would inherit the decedent’s property under intestate succession (the default inheritance rules when there is no will)
• Dependent relatives, including stepchildren, parents, and a putative spouse (someone who believed in good faith that a void or voidable marriage was valid)
• A minor who lived in the decedent’s household for the previous 180 days and depended on the decedent for one-half or more of support

If the decedent’s parents would be entitled to bring an action under subdivision (a) and have died, the legal guardians of the decedent, if any, may bring the claim as if they were parents.

Write down each relative’s name, relationship, and whether that person depended on the person who died. This list shapes everything that follows.

California’s Strict Liability Rule for Dog Bites

Under Civil Code § 3342, a dog owner is liable for bite damages in a public place or on private property where the person is lawfully present. This applies regardless of the dog’s former viciousness or the owner’s knowledge of it.

That means the family does not have to prove the owner knew the dog was dangerous. This is the main difference from many other injury claims.

The statute defines “lawfully” present on private property. A person qualifies when present to perform a duty imposed by state, federal, or postal law, or on the owner’s express or implied invitation.

The statute has one limited exception. It shields a governmental agency using a dog in military or police work only when the bite occurred while the dog was defending itself from an annoying, harassing, or provoking act, or was assisting an employee in apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect’s involvement in criminal activity, in a criminal investigation, in executing a warrant, or in defending a peace officer or another person, and only when the agency has a written policy on that use. It does not protect an agency when the bite victim was not part of the act that prompted the dog’s use.

Fault still matters in other ways. Fault is a central question in many accident claims, and an attorney can explain how the facts of a particular case bear on it. Damages are reduced in proportion to that person’s share of fault, as explained in Daly v. General Motors Corp.

What Damages Families May Seek

Under Code of Civil Procedure § 377.61, damages in an action under this article may be awarded that, under all the circumstances of the case, may be just, but may not include damages recoverable under Section 377.34.

The statute does not set a dollar figure. No amount can be predicted in advance, and the court also decides how any award is divided among the people entitled to bring the claim.

Damages must be supported by records. That’s why the evidence in the next section matters so much.

Tax treatment is a separate question.

Building the Case: Evidence That Matters

The strongest cases rest on records that show who owned the dog, what happened, and how the attack led to the death.

Families and their lawyers often gather:

• Animal control and police reports
• Coroner or medical examiner records
• Emergency and hospital records
• Photos of injuries and the scene
• Names and contact details of witnesses
• Veterinary and vaccination records
• Any prior complaints about the dog
• Records showing who owned, kept, or controlled the dog at the time

Keep clothing, phone photos, text messages, and any written statements from the owner or neighbors. Evidence can disappear or be lost over time.

Before you discuss the death with the owner or an insurance company, have the facts reviewed first. Insurance questions are part of the case review.

What to Expect: Step-by-Step Process

A fatal dog attack case usually moves from a first consultation to investigation, insurance review, and a lawsuit if a fair resolution isn’t reached.

1. Consultation. You describe what happened and the family’s questions. The first step includes a free first consultation to review the facts.
2. Investigation. The team collects reports, medical and coroner records, and information about the owner and any insurance.
3. Identifying responsible parties. The review looks at who owned or controlled the dog and what insurance may apply, such as a homeowner’s or renter’s policy.
4. Pre-suit negotiation. If the facts support it, the claim may be presented to the insurer before any lawsuit.
5. Lawsuit. If a fair resolution isn’t reached, a wrongful death lawsuit may be filed. Discovery, depositions, and, where needed, trial follow.

Under Code of Civil Procedure § 335.1, an action for the death of an individual caused by the wrongful act or neglect of another must be brought within two years, subject to exceptions. The California Courts Self-Help Guide gives the same general two-year rule for injury lawsuits, subject to exceptions.

If a public agency is involved, the deadline is shorter. Under Government Code § 911.2, a claim for death against a California public entity must be presented within six months after the cause of action accrues.

Why Work With Colvin Accident Lawyers

Colvin Accident Lawyers is a Bakersfield, California firm. It represents accident victims and families in car, truck, motorcycle, bicycle, pedestrian, bus, train, dog bite, premises liability, catastrophic injury, and wrongful death cases.

Donald Norman Colvin is the responsible lawyer for this page. The firm’s lawyers and staff are referred to here as our team.

Our approach starts with a confidential first conversation. We explain the legal framework in plain terms, including Civil Code § 3342 and the wrongful death rules. Then we answer your questions about next steps.

The firm serves clients in Kern County, Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi.

Colvin Accident Lawyers, Bakersfield, California — responsible for this site.

Frequently Asked Questions About Fatal Dog Attack Lawsuits

The answer still turns on the facts of the attack.