THE STOCKTON PERSONAL INJURY ATTORNEY WITH A REPUTATION YOU CAN TRUST
California Dog Bite Law
California Dog Bite Law
Dog Bite Trial Q&A with Noah Schwinghamer
Dog Bite Trial Q&A with Noah Schwinghamer
Schwinghamer Law is pleased to announce another trial victory! We sat down with trial attorney Noah Schwinghamer to get all the details.
Schwinghamer Law is pleased to announce another trial victory! We sat down with trial attorney Noah Schwinghamer to get all the details.
Schwinghamer Law is pleased to announce another trial victory! We sat down with trial attorney Noah Schwinghamer to get all the details.
Written by Noah Schwinghamer | 05 Aug 2026
Written by Noah Schwinghamer | 05 Aug 2026
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Quick Summary
Quick Summary
In this Q&A, trial attorney Noah Schwinghamer details a recent unanimous trial victory in Placer County involving a strict liability dog bite case. Learn why Schwinghamer Law took this case all the way to trial, how we defeated Farmers Insurance, and the essential steps to take after a dog bite injury in California.
In this Q&A, trial attorney Noah Schwinghamer details a recent unanimous trial victory in Placer County involving a strict liability dog bite case. Learn why Schwinghamer Law took this case all the way to trial, how we defeated Farmers Insurance, and the essential steps to take after a dog bite injury in California.
What was this case all about?
What was this case all about?
What was this case all about?
This was a strict liability dog-bite and negligence case. Our client sued her neighbors who habitually kept their dog off-leash in their yard. On the day of the incident, the plaintiff's dog escaped from her house. Plaintiff went to recapture her dog and picked it up. This caused the defendants’ dog to bite and dangle from the paw of plaintiff's dog. Plaintiff stepped into the defendants' yard to use their retaining wall to give the biting dog footing, hoping it would dislodge.
The defendant's dog let go but then nipped plaintiff on both arms.
Plaintiff had one visit to urgent care, one vet visit, and she lost about 40 hours of work at $20 per hour. She received tiny dot-shaped scars that she testified no longer bothered her.
The client's total bills were $533 in med bills + $201 in vet bills + $800 for lost wages, a total of $1,534.
The case was tried in Placer County before the Honorable Judge Gazzaniga. Defense counsel was in-house counsel for Farmers Insurance.
This was a strict liability dog-bite and negligence case. Our client sued her neighbors who habitually kept their dog off-leash in their yard. On the day of the incident, the plaintiff's dog escaped from her house. Plaintiff went to recapture her dog and picked it up. This caused the defendants’ dog to bite and dangle from the paw of plaintiff's dog. Plaintiff stepped into the defendants' yard to use their retaining wall to give the biting dog footing, hoping it would dislodge.
The defendant's dog let go but then nipped plaintiff on both arms.
Plaintiff had one visit to urgent care, one vet visit, and she lost about 40 hours of work at $20 per hour. She received tiny dot-shaped scars that she testified no longer bothered her.
The client's total bills were $533 in med bills + $201 in vet bills + $800 for lost wages, a total of $1,534.
The case was tried in Placer County before the Honorable Judge Gazzaniga. Defense counsel was in-house counsel for Farmers Insurance.
Your last trial was a 2.85 million dollar case against the state of California. Why did you take a small case like this to trial?
Your last trial was a 2.85 million dollar case against the state of California. Why did you take a small case like this to trial?
In terms of recoverable bills, this was one of the smallest cases in my office. However, big or small, we handle each case the same way. We prepare each and every case to the utmost of our abilities and prepare each one as if it is going to go to trial.
In this case, that meant serving multiple rounds of written discovery; taking depositions of the defendants and of an eyewitness; and gathering evidence and witness statements from the doctor, the veterinarian, and the animal control officer.
Ninety-nine percent of the time, a case like this would settle instead of going to trial. We served a settlement offer of $24,999 several years before trial, but Mid-Century Insurance (a subsidiary of Farmers Insurance) rejected the offer.
In fact, the Farmers Insurance adjuster assigned to this case decided to play games with us: they initially offered $20,001 to settle but then dropped their offer to $10,000, and dropped it again to $5,000. When insurance companies decide to play games like that, sometimes you need to teach them a lesson.
In terms of recoverable bills, this was one of the smallest cases in my office. However, big or small, we handle each case the same way. We prepare each and every case to the utmost of our abilities and prepare each one as if it is going to go to trial.
In this case, that meant serving multiple rounds of written discovery; taking depositions of the defendants and of an eyewitness; and gathering evidence and witness statements from the doctor, the veterinarian, and the animal control officer.
Ninety-nine percent of the time, a case like this would settle instead of going to trial. We served a settlement offer of $24,999 several years before trial, but Mid-Century Insurance (a subsidiary of Farmers Insurance) rejected the offer.
In fact, the Farmers Insurance adjuster assigned to this case decided to play games with us: they initially offered $20,001 to settle but then dropped their offer to $10,000, and dropped it again to $5,000. When insurance companies decide to play games like that, sometimes you need to teach them a lesson.
Dog Bite Injury? Get a Lawyer Who Fights for You.
You deserve an attorney who treats you with genuine care and takes the insurance company head-on. Schwinghamer Law handles dog bite claims with compassion and relentless advocacy, pursuing every dollar you're owed.
Dog Bite Injury? Get a Lawyer Who Fights for You.
You deserve an attorney who treats you with genuine care and takes the insurance company head-on. Schwinghamer Law handles dog bite claims with compassion and relentless advocacy, pursuing every dollar you're owed.
How did Farmers Insurance attempt to defend this case?
How did Farmers Insurance attempt to defend this case?
How did Farmers Insurance attempt to defend this case?
The defense made three main arguments:
They blamed plaintiff for letting her dog out;
They denied the bite happened, and claimed the plaintiff's own dog must have scratched her when she was holding it;
They claimed that she was trespassing at the time of the bite, since she was standing on their property.
The defense made three main arguments:
They blamed plaintiff for letting her dog out;
They denied the bite happened, and claimed the plaintiff's own dog must have scratched her when she was holding it;
They claimed that she was trespassing at the time of the bite, since she was standing on their property.
How did you win the case?
How did you win the case?
How did you win the case?
California Civil Code section 3342 makes dog owners strictly liable when their dog bites someone who is in a public place or lawfully on private property. Strict liability means the jury need not consider how well the defendants guarded their dog, or whether the dog had a history of biting.
We also had a cause of action for negligence. Unlike strict liability, the negligence claim required the jury to consider whether the defendants acted reasonably, and allowed them to consider whether the defendant’s dog had a history of biting.
We ended up winning unanimously on both claims.
To prove that the bite happened, the plaintiff herself testified and gave a credible story of what happened. To prove that she was bitten, we called her doctor and her veterinarian as witnesses. These two testified that they saw puncture wounds on the Plaintiff and her dog that were consistent with dog bites.
The defendants had some serious credibility issues which I was able to highlight on cross examination. The defendant denied that their dog had any history of previous bites, but I was able to call a Placer County animal control officer to prove that that testimony was false — in fact, the defendants’ dog did have a prior history of biting.
California Civil Code section 3342 makes dog owners strictly liable when their dog bites someone who is in a public place or lawfully on private property. Strict liability means the jury need not consider how well the defendants guarded their dog, or whether the dog had a history of biting.
We also had a cause of action for negligence. Unlike strict liability, the negligence claim required the jury to consider whether the defendants acted reasonably, and allowed them to consider whether the defendant’s dog had a history of biting.
We ended up winning unanimously on both claims.
To prove that the bite happened, the plaintiff herself testified and gave a credible story of what happened. To prove that she was bitten, we called her doctor and her veterinarian as witnesses. These two testified that they saw puncture wounds on the Plaintiff and her dog that were consistent with dog bites.
The defendants had some serious credibility issues which I was able to highlight on cross examination. The defendant denied that their dog had any history of previous bites, but I was able to call a Placer County animal control officer to prove that that testimony was false — in fact, the defendants’ dog did have a prior history of biting.
What is the law regarding trespassing in a dog bite case?
What is the law regarding trespassing in a dog bite case?
What is the law regarding trespassing in a dog bite case?
This was one of the other main issues in the case. The defendants argued that since plaintiff had stepped onto their property before she was bitten, she was a trespasser. California’s Strict Liability Dog-Bite statute required that the plaintiff was either in public, or lawfully in a private place.
The plaintiff was obviously not in public when the bite happened. Therefore, we had to show that she was lawfully on private property. There are three main exceptions to a claim of trespassing: (1) express/implied invitation; (2) performing a duty required by law; or (3) the “private necessity privilege” i.e. acting to protect her person or her property.
An express invitation is a verbal or written invitation to enter land. Think of an implied invitation like this, if it’s October 31st, and you see the homeowners dressed up in costumes with a big bowl of candy on their porch, there’s an implied invitation to enter their yard. Neither of these were great fits for this case.
However, the other exceptions both applied. The plaintiff was recapturing her dog after it had gotten out, a duty required by law. In addition, the plaintiff only stepped onto the defendant’s property in order to protect her dog who was under attack. This was a second valid exception.
The jury rejected defendants arguments about trespassing, and found that plaintiff was lawfully on their private property when the bite happened.
This was one of the other main issues in the case. The defendants argued that since plaintiff had stepped onto their property before she was bitten, she was a trespasser. California’s Strict Liability Dog-Bite statute required that the plaintiff was either in public, or lawfully in a private place.
The plaintiff was obviously not in public when the bite happened. Therefore, we had to show that she was lawfully on private property. There are three main exceptions to a claim of trespassing: (1) express/implied invitation; (2) performing a duty required by law; or (3) the “private necessity privilege” i.e. acting to protect her person or her property.
An express invitation is a verbal or written invitation to enter land. Think of an implied invitation like this, if it’s October 31st, and you see the homeowners dressed up in costumes with a big bowl of candy on their porch, there’s an implied invitation to enter their yard. Neither of these were great fits for this case.
However, the other exceptions both applied. The plaintiff was recapturing her dog after it had gotten out, a duty required by law. In addition, the plaintiff only stepped onto the defendant’s property in order to protect her dog who was under attack. This was a second valid exception.
The jury rejected defendants arguments about trespassing, and found that plaintiff was lawfully on their private property when the bite happened.
What were some of the highlights of the case from your perspective as the trial attorney?
What were some of the highlights of the case from your perspective as the trial attorney?
What were some of the highlights of the case from your perspective as the trial attorney?
There were several memorable moments that stand out. In this case, we took video depositions of the defendants. I was able to play video clips of the defendants’ testimony live for the jury, and then immediately present evidence that showed that the defendants were being untruthful. This made for a very powerful presentation of evidence.
In addition, the defendants called their son-in-law as an eyewitness to the dog bite. There were just a few problems with that — the son-in-law testified that he didn’t actually see the bite happen because he was on his hands and knees in the back of his parked pickup truck’s camper shell. I was able to perform a “My Cousin Vinny” style cross examination which revealed that this witness was unable to see or hear much of anything at all.
There were several memorable moments that stand out. In this case, we took video depositions of the defendants. I was able to play video clips of the defendants’ testimony live for the jury, and then immediately present evidence that showed that the defendants were being untruthful. This made for a very powerful presentation of evidence.
In addition, the defendants called their son-in-law as an eyewitness to the dog bite. There were just a few problems with that — the son-in-law testified that he didn’t actually see the bite happen because he was on his hands and knees in the back of his parked pickup truck’s camper shell. I was able to perform a “My Cousin Vinny” style cross examination which revealed that this witness was unable to see or hear much of anything at all.
What was the final result?
What was the final result?
What was the final result?
The jury unanimously returned a verdict of $32,839.18.
We had served a special settlement demand called a “998 Offer” for $24,999 several years before trial.
“998 Offers” are named after California Code of Civil Procedure, section 998. California law states that if this type of offer is made, and then you beat it at trial, you can claim additional interest and penalties on top of the verdict.
Farmers Insurance is going to have to pay the full verdict, plus several years of interest at 10% per annum, plus several thousands dollars in litigation costs.
The jury unanimously returned a verdict of $32,839.18.
We had served a special settlement demand called a “998 Offer” for $24,999 several years before trial.
“998 Offers” are named after California Code of Civil Procedure, section 998. California law states that if this type of offer is made, and then you beat it at trial, you can claim additional interest and penalties on top of the verdict.
Farmers Insurance is going to have to pay the full verdict, plus several years of interest at 10% per annum, plus several thousands dollars in litigation costs.
The jury unanimously returned a verdict of $32,839.18.
We had served a special settlement demand called a “998 Offer” for $24,999 several years before trial.
“998 Offers” are named after California Code of Civil Procedure, section 998. California law states that if this type of offer is made, and then you beat it at trial, you can claim additional interest and penalties on top of the verdict.
Farmers Insurance is going to have to pay the full verdict, plus several years of interest at 10% per annum, plus several thousands dollars in litigation costs.
Who is Liable When a Dog Attacks?
If you or your child was bitten or hurt by someone else's dog in California, one of the first questions is who's legally responsible. California law is often more favorable to injured people than they expect.
Who is Liable When a Dog Attacks?
If you or your child was bitten or hurt by someone else's dog in California, one of the first questions is who's legally responsible. California law is often more favorable to injured people than they expect.
What should people know if they are considering filing a dog bite claim in California?
What should people know if they are considering filing a dog bite claim in California?
What should people know if they are considering filing a dog bite claim in California?
Get medical care immediately. Dog bites carry serious infection risk, and a same-day medical record is powerful evidence.
Report the bite to your local animal control or public health department. This creates an official record and may reveal prior complaints about the same dog.
Identify the dog and the owner. Get names, addresses, and the dog's vaccination history.
Photograph everything, including the wounds before they heal, the location, and any damaged property. Photograph the injuries repeatedly as they heal and scar.
Get witness contact information before people leave.
Do not give a recorded statement to the dog owner's insurance company before speaking with a lawyer.
Keep every bill and receipt, including veterinary bills if your dog was hurt.
Get medical care immediately. Dog bites carry serious infection risk, and a same-day medical record is powerful evidence.
Report the bite to your local animal control or public health department. This creates an official record and may reveal prior complaints about the same dog.
Identify the dog and the owner. Get names, addresses, and the dog's vaccination history.
Photograph everything, including the wounds before they heal, the location, and any damaged property. Photograph the injuries repeatedly as they heal and scar.
Get witness contact information before people leave.
Do not give a recorded statement to the dog owner's insurance company before speaking with a lawyer.
Keep every bill and receipt, including veterinary bills if your dog was hurt.
DISCLAIMER
This article is provided for general informational purposes and is not legal advice. Every case is different, and the outcome described here depends on facts specific to that case. Past results do not guarantee or predict a similar outcome in any other matter. Reading this article does not create an attorney-client relationship. For guidance on your specific case, speak with a qualified attorney.
DISCLAIMER
This article is provided for general informational purposes and is not legal advice. Every case is different, and the outcome described here depends on facts specific to that case. Past results do not guarantee or predict a similar outcome in any other matter. Reading this article does not create an attorney-client relationship. For guidance on your specific case, speak with a qualified attorney.
DISCLAIMER
This article is provided for general informational purposes and is not legal advice. Every case is different, and the outcome described here depends on facts specific to that case. Past results do not guarantee or predict a similar outcome in any other matter. Reading this article does not create an attorney-client relationship. For guidance on your specific case, speak with a qualified attorney.
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About the Author
About the Author
Noah Schwinghamer
Noah Schwinghamer
Noah Schwinghamer is the founding attorney of Schwinghamer Law in Stockton, California. With over a decade of experience in personal injury law, Noah is dedicated to helping individuals and families stand up to powerful insurance companies and recover the compensation they deserve. He has successfully taken on major insurers, Fortune 500 companies, and government entities — and has recovered millions of dollars for his clients. His mission is simple: leave every client better than he found them.
Bitten by a Dog? Let's Talk.
Bitten by a Dog? Let's Talk.
You may be owed far more than the owner's insurer wants to pay. Schwinghamer Law will review your situation, explain your rights, and fight for what you deserve. Your consultation is always free, and there's no fee unless we win.
You may be owed far more than the owner's insurer wants to pay. Schwinghamer Law will review your situation, explain your rights, and fight for what you deserve. Your consultation is always free, and there's no fee unless we win.
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© 2026 Schwinghamer Law. All Rights Reserved. The information on this website is for general information purposes only and should not be taken as legal advice for any individual case or situation. Past results do not guarantee, warrant, or predict future outcomes; every case if different. Viewing this site does not create, and receipt of this information does not constitute, an attorney-client relationship.
© 2026 Schwinghamer Law. All Rights Reserved. The information on this website is for general information purposes only and should not be taken as legal advice for any individual case or situation. Past results do not guarantee, warrant, or predict future outcomes; every case if different. Viewing this site does not create, and receipt of this information does not constitute, an attorney-client relationship.
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Stockton Office
7400 Shoreline Dr. #5
Stockton, CA 95219
(209) 425-2520
Popular Links
Car Accident
Truck Accident
Airplane Accident
Head & Brain Injury
Spine Injury
Dog Bite
Wrongful Death
© 2026 Schwinghamer Law. All Rights Reserved. The information on this website is for general information purposes only and should not be taken as legal advice for any individual case or situation. Past results do not guarantee, warrant, or predict future outcomes; every case if different. Viewing this site does not create, and receipt of this information does not constitute, an attorney-client relationship.