Even though most encounters with dogs won’t result in injuries, there are times when dog bites lead to severe trauma and costly medical bills. Unfortunately, dog owners regularly fight having to pay compensation to victims. The good news for dog bite injury victims is that the law surrounding these types of incidents is relatively straightforward in California. However, that does not mean dog bite victims will have an easy route towards recovering compensation.
What Is California’s Strict Liability Dog Bite Law?
California operates under a strict liability statute when it comes to dog bites. This means that a dog owner is financially responsible for any injuries their dog’s bite causes, even if the animal hasn’t previously shown aggression or bitten anyon. Unlike some other states that follow a “one-bite rule,” where the owner might only be liable if the dog had previously known bite incidents, California law holds owners accountable from the very first incident.
Under California Civil Code Section 3342, a dog owner is responsible if their dog bites someone, as long as the victim was lawfully on the property or in a public place when the bite occurred. This law applies whether the dog bite happens on the owner’s property or elsewhere. For instance, if a postal worker is bitten by a dog while delivering mail, the owner is liable for the injuries regardless of the dog’s prior behavior. The strict liability rule also extends to situations where the dog bite occurs on the owner’s property, provided the victim was legally on the premises, such as a guest or a service worker.
What Types of Compensation Does the Law Allow for These Claims?
The goal of compensation, in the context of a dog bite claim, is to make the victim “whole” again, meaning that it should cover both the tangible and intangible impacts of the injury. However, calculating the appropriate amount of compensation can be complex, especially when it comes to non-economic damages like pain and suffering. This is where having an experienced attorney can be crucial.
Victims of dog bite injuries in California may be entitled to various types of compensation to cover the costs associated with their injuries, including coverage of their medical expenses and lost income.
Is There a Specific Time Limit for Filing a Dog Bite Injury Claim in California?
Yes, there is a specific time limit for filing a dog bite claims in California. The statute of limitations for these types of personal injury claims (including dog bite cases) is two years from the date of the incident. This means that a victim has two years to file a lawsuit against the dog owner to seek compensation for their injuries. If the victim doesn’t the claim within this period, they may lose the right to pursue compensation altogether .
There are some exceptions to this rule. For example, if the victim is a minor when the bite incident happened, the statute of limitations may be extended until they turn 18.
