Can a Dog Bite Case Be Denied? What You Need to Know

Dog bites are not just traumatic, they can lead to serious injury, infection, and long-term scarring. Under California law, victims generally have strong rights to pursue compensation. But despite these protections, some dog bite cases get denied. Understanding why this happens can help you avoid critical mistakes and secure the recovery you deserve.

At Tulekyan Law, we’ve handled many dog bite cases over the past 12+ years. Our clients are often shocked when an insurance company pushes back, blames the victim, or claims there’s no liability. Here’s what you need to know if your dog bite case was denied or if you want to avoid that outcome from the start.

California’s Dog Bite Law: Strict Liability for Owners

California Civil Code § 3342 makes dog owners strictly liable when their dog bites someone in a public place or lawfully in a private place. This means the victim doesn’t have to prove the dog was dangerous or that the owner was negligent.

Still, insurance companies often misrepresent the law or try to carve out exceptions. That's where experienced legal help makes the difference.

Claim Denied Due to Trespassing

One of the most common defenses used by property owners is to allege that the victim was trespassing. Under § 3342, the bite victim must have been lawfully on the property, such as a guest, delivery worker, or someone with implied permission.

If the property owner claims you were trespassing, Tulekyan Law investigates the facts. We look at gate access, surveillance footage, witness statements, and whether you had a right to be there under California premises liability law.

Provocation Allegations

Dog owners often claim the victim provoked the dog, which could shift partial blame under California’s comparative fault rules. This includes actions like teasing, hitting, or cornering the animal.

However, many insurers misuse this defense. We’ve had cases where children were blamed simply for approaching a leashed dog. Tulekyan Law brings in behavioral experts when needed to disprove provocation claims.

No Bite, Just a Knockdown or Scratch

Some insurance adjusters deny claims if the dog didn’t “bite,” arguing that the law only applies to actual puncture wounds. But many serious injuries result from being knocked over or scratched by a lunging dog.

Even if § 3342 doesn’t apply, victims can still file a negligence claim under traditional tort law. Tulekyan Law explores every possible legal theory to secure compensation for your injuries.

Lack of Medical Documentation

Clients often wait to seek treatment, especially if the wound seems minor. Days later, infection sets in or scarring becomes apparent. But by then, insurers argue there’s no proof the dog caused the injury.

Always seek medical attention immediately after a dog attack. We help clients obtain ER records, wound photographs, and infectious disease reports to build a strong case.

Homeowners Insurance Denial

Even when the dog’s owner admits fault, their homeowners or renters insurance may deny the claim. Some policies have breed exclusions for pit bulls, rottweilers, or dobermans. Others argue the dog wasn’t “covered” or wasn’t on the property.

At Tulekyan Law, we challenge these denials by reviewing the full policy, exploring umbrella coverage, and sometimes suing the dog owner directly.

What Clients Commonly Face in Dog Bite Cases

Many of our clients are neighbors, family friends, or tenants who feel uncomfortable pursuing a claim. Others face denials and delays from uncooperative insurance adjusters who refuse to return calls.

In some cases, the bite victim is a child, and parents struggle to gather records while dealing with trauma. Tulekyan Law handles everything: evidence collection, policy analysis, legal filings, and negotiations so clients can focus on healing.

Talk to a Dog Bite Lawyer Today

If your dog bite case was denied or you’re facing delays and blame, don’t give up. Tulekyan Law has the experience, strategy, and urgency to challenge denials and fight for the compensation you deserve. Contact us today before critical deadlines pass.