Pit bulls often make headlines and stir strong opinions whenever a dog attack occurs. As a victim of a pit bull bite in Los Angeles, you may encounter a mix of concern, fear, and even misinformation from those around you. It’s important to separate myth from reality and understand your rights under the law. Despite the public perception that pit bulls are uniquely dangerous, California law does not single out pit bulls for special treatment. Here’s what you should know:
Immediate Steps After Any Dog Bite
If a pit bull bites you, handle it as you would any serious dog attack:
- Get to safety: Pit bull bites can be extremely forceful; if the dog is still attacking or not restrained, get away and find a safe area (inside a car, behind a gate, etc.).
- Medical attention: Due to their strong jaws, pit bull bites often involve deep punctures, tearing, or even crushing injuries. Call 911 for severe injuries. Even if wounds seem moderate, go to an ER or urgent care promptly. You may need stitches, antibiotics, and a thorough cleaning of the wounds. Pit bulls, like any large dog, can cause infections and damage underlying tissue that might not be obvious externally.
- Report the incident: Los Angeles County requires that dog bites be reported to animal control or the public health department. Don’t skip this because it was a pit bull and you’re worried the dog will be automatically punished (more on that below). Reporting is about rabies control and documentation. It doesn’t mean the dog will instantly be taken away or euthanized – it initiates a quarantine and a record of the bite.
- Gather info: If you can, get the dog owner’s name and contact info, and ask about the dog’s vaccination status. Snap photos of your injuries and the scene if possible. Identify any witnesses. These are standard steps for any dog bite situation and equally crucial here.
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Your Rights Under California Law – No “Breed Exemption”
Some victims wonder if the law will treat their case differently because a pit bull was involved. They think either “Pit bulls are known to be dangerous, so maybe I have an easier case,” or “People blame the breed, so maybe I won’t get fair treatment.”
Legally, neither is true. California’s dog bite statute (Civil Code § 3342) imposes strict liability on the dog’s owner, regardless of breed. The fact that it was a pit bull changes nothing about the owner’s liability. You do not have to prove the pit bull was a particularly vicious dog or had a history of aggression. You also don’t have to overcome any breed-based legal hurdles – there are none. In the eyes of the law, a dog is a dog.
In practical terms, if you were bitten by someone’s pit bull while you were lawfully in a public place or on private property (with permission), the owner is liable for your injuries. The standard exceptions apply (if you provoked the dog, or if you were trespassing, those issues could affect a claim). But the breed being a pit bull does not grant the owner any immunity or extra burden on you.
It’s worth noting that California state law prevents breed-specific local ordinances when it comes to declaring dogs dangerous or vicious. Cities and counties cannot label pit bulls (or any breed) as automatically “vicious” or “dangerous” under the law. They also cannot ban ownership of pit bulls outright. The only breed-specific laws allowed in California pertain to spay/neuter requirements (for example, a city can mandate that pit bulls be spayed or neutered, as a population control measure). But when it comes to liability for bites and public safety designations, each dog is judged on its behavior, not its breed. The California Legislature has explicitly found that focusing on responsible ownership and individual dog behavior is the proper approach, rather than breed bans.
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Avoiding Sensationalism
Pit bulls have a reputation, but it’s important for victims (and those around them) to stay level-headed. Many pit bulls live without incident and are beloved family pets. On the flip side, any large breed can inflict serious harm under the wrong circumstances. As a victim, you should focus on the facts of your case: what this specific dog did, how it injured you, and what the owner did or failed to do. The court will do the same. Emotions can run high after a pit bull attack (some people may even say unhelpful things like “all pit bulls should be put down” or, on the opposite side, “it must be your fault, pit bulls are sweet”). Try to tune out that noise. From a legal standpoint, your case isn’t about a breed on trial – it’s about an individual incident of injury and negligence.
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Insurance Complications (Breed Exclusions)
One practical issue that can come up with pit bull incidents is insurance. Some homeowners and renters’ insurance policies have breed exclusions – meaning they won’t cover liability for certain breeds, pit bulls often being one of them. Not all insurers do this (many major insurers in California, like State Farm, do not exclude pit bulls), but some do. If the dog owner’s insurance happens to exclude pit bull bites, it could affect how you recover compensation. It may mean the owner’s insurance denies the claim, and you’d have to seek compensation directly from the owner. In these cases, it’s even more important to get a knowledgeable dog bite attorney involved. They can look for other sources of coverage (for example, an umbrella liability policy the owner might have, or if the attack happened on rented property, perhaps the landlord’s insurance might come into play under certain conditions). California is considering laws to forbid breed-based insurance exclusions, because they can leave victims and responsible owners in a tough spot. But as of now, it’s something to be aware of. Don’t be discouraged – even if there’s an insurance issue, the owner is still legally liable; it just might require different strategies to collect payment.
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Potential “Dangerous Dog” Actions
After a serious pit bull attack, local authorities might initiate a dangerous dog hearing (just as they would for any other breed). If the pit bull caused severe injury, it could be declared a vicious dog by a court, which can lead to strict confinement requirements or euthanasia. As the victim, you might be asked to provide testimony or evidence in that process. Remember, this isn’t because it’s a pit bull per se, but because of what it did in the incident. Los Angeles County will track dog bite incidents and, if a particular dog has a history, they will escalate the restrictions on that dog. For a first severe attack, the owner might be ordered to muzzle the dog in public, take training classes, secure better fencing, or in extreme cases, surrender the dog. These proceedings are separate from your civil claim for damages, but they often run in parallel.
Landlord Liability
Another facet to know: if the pit bull’s owner is a renter, sometimes the landlord can be held liable in addition to the dog’s owner. California law can hold a landlord responsible if:
- The landlord knew the tenant’s dog was dangerous (for example, it had bitten or attempted to bite before, or the dog exhibited menacing behavior well-known to the landlord)
- The landlord had the legal right to remove or evict the dog (like through a lease clause or during lease renewal) and failed to do so.
So, if you were bitten by a tenant’s pit bull in the apartment complex where the tenant lives, and it turns out everyone (including the landlord) knew that dog was aggressive (maybe it had bitten someone last month in the building’s common area), you might have a claim against the landlord’s insurance as well. This is significant because landlords often have more substantial insurance coverage. Pit bulls are a common breed where this issue arises, since a landlord might know of complaints about “that pit bull in Apt 3 that always lunges at people” and yet didn’t act. Your attorney can investigate this aspect by gathering records of any prior complaints, animal control reports, or asking neighbors. It’s something to keep in mind as it could open an additional avenue for recovery.
Criminal and Legal Consequences for Owners
The legal consequences for a pit bull’s owner after an attack are essentially the same as for any dog owner:
Civil Liability
They have to compensate the victim (you) for injuries. This is usually handled through insurance claims or lawsuits.
Animal Control Measures
They may face a hearing and potentially have to follow strict rules or lose the dog.
Criminal Liability
If this was a particularly bad situation – say the owner was grossly negligent or the pit bull was known to be extremely dangerous – the owner could be charged under Penal Code § 399. For instance, there have been high-profile cases where multiple pit bulls fatally mauled someone, and prosecutors looked into charging the owners given evidence the dogs had shown aggression before and were not properly confined. Those cases are fact-specific. But do know that being a pit bull owner doesn’t shield someone from criminal accountability if they were recklessly irresponsible. The law applies equally; if anything, an owner of a stigmatized breed like a pit bull might be held to a high standard of care precisely because they should be aware of public concerns.
Compensation for Victims
As with any dog bite, you are entitled to seek full compensation for:
- Medical costs (including future scar treatments, therapy for trauma, etc.)
- Lost income
- Pain and suffering
- Property damage (perhaps your clothing or phone got destroyed in the struggle)
- Any long-term disability or disfigurement
Pit bull bites can cause extensive damage, which might translate to higher medical bills and more intensive recovery (for example, physical therapy for muscle damage, counseling for post-traumatic stress, etc.). Ensure that any settlement or award accounts for these properly. Don’t rush to settle until you have a clear picture of your recovery trajectory.
To illustrate, if a pit bull bite left you with a significant scar, you’d want consultation with a plastic surgeon on potential revision procedures, and that cost (and the pain/inconvenience of additional surgery) should be included. If you now have a phobia of dogs or anxiety attacks walking down your street (which is not uncommon after a vicious attack), the impact on your quality of life is compensable as well.
“In our experience, the legal system doesn’t care if it’s a pit bull, a Labrador, or a tiny lap dog – what matters is what harm was done and why,” says Jason Javaheri, Co-Founder of J&Y Law. “We’ve represented many dog bite victims, including pit bull cases, and we make sure courts and insurance adjusters focus on the facts, not the breed hype. At the end of the day, a victim in pain deserves justice, no matter what breed of dog caused that pain.” Jason also emphasizes that as a local L.A. firm, they understand how to navigate sensitive issues (like community attitudes toward pit bulls) while keeping the case centered on the client’s needs.
Are Pit Bull Bites Treated Differently Under California Law?
No. California law makes no distinction between pit bulls versus other breeds when it comes to liability for bites. The owner is strictly liable for a bite victim’s injuries, regardless of the dog’s breed. Some people assume that because pit bulls have a reputation, there might be special rules (either harsher or more lenient). But legally, a bite is a bite. You don’t have to prove the pit bull was extra dangerous or anything unique – just that it bit you and caused harm. Conversely, the owner can’t escape responsibility by blaming the breed or saying, “Pit bulls just do that.” In court, the focus is on the incident, not the breed. In fact, California prohibits laws that declare dogs vicious just by breed, underscoring that each case is judged on the dog’s actions.
Are Pit Bulls Illegal or Banned in Some Places in CA?
No, there is no outright ban on pit bulls in Los Angeles or California. State law prevents cities or counties from enacting breed-specific bans or declaring a breed as automatically dangerous. What local governments can do is require certain breeds (like pit bulls) to be spayed or neutered. For instance, some places in California have mandatory spay/neuter ordinances for pit bulls to help reduce shelter populations. But you can legally own a pit bull in Los Angeles (and many people do). Landlords or homeowners’ associations may have their own restrictions (a landlord might refuse to rent to someone with a pit bull, for example, or an HOA might have rules about breeds), but those are private policies, not laws. The bottom line: being a pit bull doesn’t give a dog a death sentence or banishment by law. Only if a specific pit bull has a documented history of aggression and is deemed dangerous by a hearing can authorities take action against that individual dog.
Will a Pit Bull Be Put Down After Biting Someone?
Not automatically. There is no law that says a pit bull (or any dog) must be euthanized after a first bite. California’s dangerous dog laws require a process: the incident is investigated and the owner is given a chance at a hearing to determine if the dog is a continuing threat. If a pit bull has caused severe injury or death, it’s possible a judge could order it euthanized as a “vicious dog.” But for a bite that, say, required some stitches but the victim fully recovers, it’s more likely the dog will be labeled “potentially dangerous” and the owner will have to follow precautions (muzzle on walks, secure enclosure, etc.). Many pit bulls who bite someone are allowed to remain with their owners under stricter rules. Authorities weigh factors like provocation, the dog’s history, and how severe the bite was. So, as a victim, you shouldn’t assume the dog will be euthanized – and that shouldn’t deter you from reporting the bite. The goal of animal control is to prevent future bites, not necessarily to punish the dog unless it’s truly a menace.
Can Someone Other Than the Owner Be Liable for a Pit Bull Attack (for Example, a Landlord or Dog Sitter)?
Potentially, yes. California law can extend liability to others in certain situations. A landlord can be liable if they knew a tenant’s pit bull was dangerous and did nothing about it. For instance, if a pit bull had bitten before on the apartment property and the landlord was aware, yet allowed the dog to stay, the landlord could be partly responsible for a subsequent attack. Another scenario: if someone else was in control of the dog at the time – say you were bitten by a pit bull while a dog walker or a friend of the owner was handling it – that person who was handling the dog could be liable under general negligence principles (they aren’t the “owner” under the dog bite statute, but they still had a duty to handle the dog safely). In practice, the dog’s owner is the primary party, but these others can sometimes be brought into a claim or lawsuit as additional defendants. This can be important, especially if the owner doesn’t have insurance but, for example, a landlord does. Exploring all avenues of liability is something a good attorney will do. It ensures that if one source of recovery is lacking (like the owner’s insurance denies coverage due to a breed exclusion), there might be another pocket to look to.
What if the Owner’s Insurance Doesn’t Cover Pit Bulls?
If the dog owner’s homeowner or renter insurance has a breed exclusion for pit bulls, the insurance company might refuse to pay anything. In that case, you still have a valid claim against the owner personally – the law doesn’t care about their insurance status – but collecting may depend on the owner’s personal assets. First, not all insurers exclude pit bulls; many don’t, so it’s possible this won’t even be an issue. But if it is: an attorney can attempt to negotiate directly with the owner, and sometimes owners will agree to payments (especially if they fear worse consequences from a lawsuit). If the injuries are major and the owner has significant assets (say, property or savings), a lawsuit can seek to have those assets pay for your damages. Alternatively, the attorney might look for other insurance policies:
- Does the owner have an umbrella liability policy?
- Did the bite happen in a common area of a condo or somewhere that a property owner’s insurance might apply?
Sometimes, if the owner was a renter, the landlord’s liability insurance can be tapped if the landlord was negligent in allowing the dog (as discussed above). There are also specialty “canine liability” insurance policies some owners have – though if they had one, they probably would have told you. In worst-case scenarios where insurance is absent and the owner has no substantial assets, it can indeed be challenging to collect a large judgment. This is why this issue of breed-based exclusions is controversial; it can leave victims without a straightforward way to get paid. If you find yourself in this situation, consult a lawyer to brainstorm options. They might uncover something you’re not aware of, and at the very least, they can help you strategize – for example, sometimes negotiating a structured payment plan with the owner is possible (if the owner is cooperative and wants to make amends). The key takeaway: the lack of insurance coverage doesn’t change the owner’s liability, but it can affect how you obtain your compensation. It makes the case more complex, but not impossible.
Hiring a Dog Bite Lawyer with Pit Bull Experience
If you’re bitten by a pit bull in Los Angeles, treat it like any serious dog attack: get medical help, report it, consult with an attorney, and know that the law is squarely on your side as the injured party. Don’t let the often sensational discussion around pit bulls distract you from asserting your rights. California law will hold the dog’s owner civilly liable for your injuries, and you can pursue compensation just as you would for any other dog bite. While pit bulls can cause severe injuries due to their strength, the flip side is that severe injuries tend to result in substantial compensation precisely because the damages are significant.
Stay focused on your recovery. Then call J&Y Law at (877) 735-7035 to review your legal options.
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