Redondo Beach, California | Personal Injury Attorney

California's Dog Bite Filing Deadline, Explained in Plain English

Exceptions That Can Extend or Shorten Your Deadline

The two-year rule is the starting point, but it does not apply identically in every situation. Several circumstances can shift the deadline significantly — in either direction.

 

  • Injured minors: When the bite victim is a child under 18, the two-year clock generally does not begin until they turn 18. A minor bitten at age 10 would typically have until their 20th birthday to file. Parents may also bring a claim on their child's behalf before that point.
  • Claims against a government entity: If the dog was owned or controlled by a city, county, or other government agency — including a police or military working dog — you are subject to the Government Claims Act. This requires filing an administrative claim with the responsible agency within six months of the incident, before any lawsuit can be filed. This is a far shorter window than the standard two-year period and is easy to miss without legal guidance.
  • Discovery of injury: In rare cases where the full extent of an injury was not and could not reasonably have been known at the time of the bite, the clock may begin from the date the injury was discovered rather than the date of the attack. This exception is narrow and fact-specific.
  • Defendant's absence from California: If the dog owner leaves the state after the incident, the time they are absent may not count toward the two-year period under California's tolling rules.

 

These exceptions are not loopholes — they are legal doctrines with precise requirements. Whether any of them applies to your situation depends on the specific facts of your case.

Under California law, most dog bite victims have two years from the date of the attack to file a personal injury lawsuit. This deadline is established by the general statute of limitations for personal injury claims under California Code of Civil Procedure § 335.1. Miss it, and the court will almost certainly dismiss your case — regardless of how serious your injuries are or how clear the dog owner's liability may be.

 

Two years can feel like a long time, but it moves faster than most people expect. Medical treatment, insurance negotiations, and the ordinary demands of life have a way of consuming months before a victim has even thought clearly about their legal options. Understanding where you stand on that timeline is the first step — and it costs nothing to find out.

How Long Do You Have to Sue After a Dog Bite in California?

What Happens If You Wait Too Long?

Once the statute of limitations expires, the legal right to pursue compensation is gone. A defendant's attorney will file a motion to dismiss based on the expired deadline, and courts grant these motions routinely. No amount of evidence, no severity of injury, and no degree of the owner's fault will revive a time-barred claim.

 

Insurance companies are aware of this dynamic. Adjusters sometimes use delay as a deliberate strategy — extending negotiations, requesting additional documentation, or offering small settlements in hopes that the deadline passes before a victim consults an attorney. If you are currently in contact with an insurer about a dog bite claim, knowing your filing deadline is not optional. It is the foundation of your negotiating position.

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Frequently Asked Questions About California's Dog Bite Filing Deadline

  • What is the statute of limitations for a dog bite lawsuit in California?

    In California, dog bite victims generally have two years from the date of the attack to file a personal injury lawsuit, as established by California Code of Civil Procedure § 335.1. If that deadline passes without a lawsuit being filed, the court will almost certainly dismiss the case regardless of how serious the injuries are.

  • Are there exceptions that extend the two-year filing deadline?

    Yes. If the bite victim is a minor, the two-year clock typically does not begin until they turn 18. Claims against a government entity — such as a police department or animal control agency — carry a much shorter deadline, often requiring a government tort claim within six months of the incident.

  • Can an insurance company's delay cause a victim to miss the deadline?

    It can. Some insurance adjusters extend negotiations or request additional documentation as a strategy, hoping the statute of limitations expires before the victim consults an attorney. Diane advises clients not to let ongoing settlement discussions create a false sense of security about the filing deadline.

  • Does the statute of limitations apply differently if the victim was on public property?

    California's strict liability dog bite statute applies whether the attack occurred on public or private property, as long as the victim was lawfully present. The filing deadline is the same, though the specific facts of the location may affect other aspects of the claim.

  • How soon should someone contact an attorney after a dog bite?

    The earlier, the better. Evidence degrades, witnesses become harder to locate, and medical records take time to gather. Diane offers a free case evaluation so victims can understand exactly where their timeline stands and what steps need to be taken to protect their right to compensation.

Find Out Where Your Timeline Stands

California's dog bite statute of limitations is a firm deadline, but it is one that most victims — if they act with reasonable care — have time to meet. The question is whether you know exactly where you stand. A free case evaluation with my office takes the guesswork out of that question. I will review the facts of your situation, identify any exceptions that may apply, and give you a clear, honest assessment of your options.

 

Reach me by phone or text at (213) 814-0535, by email at diane@dianechanglaw.com, or submit a case evaluation request through the contact page. There is no obligation attached — only information you can use.

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