After sustaining a dog bite in the State of California, it is important that you know what laws can help protect you. Understanding these laws will help you, should you decide to file a personal injury claim against the dog’s owner. Although this article will cover important factors you should consider, you should know that California’s laws regarding dog bite injuries can be changed. For the most up-to-date information, speak to a well-versed attorney who can look into your case and help you identify your legal options.
Statute of Limitation for Dog Bite Incidents
Every state will have its own rules and regulations regarding the allowable time frame for which personal injury claims can be brought forth. Under the State of California’s statute of limitations, a person seeking to file a lawsuit has 2 years to file a case in a civil court. If the victim has failed to meet the time frame requirements, a court will likely throw out the case without acknowledgement of the facts.
Dog Bite Statute in California
California Civil Code §3342 is commonly referred to as California’s dog bite law. This law states the a dog’s owner is responsible for damages caused by the pet if the following conditions apply:
- The grievances were caused by the dog bite, and
- The victim who was bitten was lawfully in a private location or was otherwise in a public place.
This law creates exceptions for those who have suffered a dog bite injury while the victim was carrying out military or police work. Furthermore, under this law, the owner will be held accountable for dog bite injuries, not other behaviors of the dog.
If you have suffered an injury that was not directly caused by a dog bite, you may still be able to obtain financial restitution for your grievances under the state’s negligence rules. In order to file a claim for the owner’s negligence, certain conditions must be met. Consider speaking to a qualified attorney who can help you file a claim.
California’s Strict Liability
Every state will handle dog bite claims differently. California handles dog bite cases on a strict liability basis. This means that the pet owner will not be able to deter responsibility for an injury caused by his or her dog by making the claim that he or she did not know the pet could act in an aggressive manner. Even if the dog has never bit anyone before, the pet owner will have the responsibility of paying for the damages caused by the dog.
Consult With a Specialized Personal Injury Attorney
Dog bite injuries can cause many grievances which can include medical costs, the inability to earn a living, as well as pain and suffering. If you have been injury as a result of a dog bite in California, speak to a specialized attorney who can help you file a lawsuit. As a victim, you have the legal right to seek restitution for your injuries.
Attorney Albert E. Hirst is specialized in the field of dog bite claims in the State of California. He has helped hundreds of victims obtain restitution after a vicious dog bite. Personal injury claims in California are time restricted; obtain legal support immediately following the incident.