When dogs act out and attack and/or bite you, it is an extremely terrifying situation to be in. It comes unexpectedly. It could even be a dog that you’ve seen as non-threatening. Unfortunately, this does happen more often than you’d think. It’s essential to know the statute of limitations you have in the state of California for bringing forth suit. You should also know what liability dog owners have as well as arguments they may use against your claim.
Statute of Limitations
Statute of limitations are the deadlines in which you must bring a lawsuit. In the state of California, you will have two years to file a claim for a personal injury case. The owner of the dog will be liable to pay the victim in damages if the person was a bit in either a public place or a lawfully private place. The exception to this statue is if someone suffered a dog bite or attack from a dog that is carrying out military or police work.
What liabilities do dog owners have?
If their dog injuries someone while biting and/or attacking them, then they are held liable for injury costs. This includes things such as medical expenses as well as lost wages if the person had to be out of work due to the injury. As mentioned previously, this law applies if the dog bites or attacks in a public place or a lawfully private place. An example of a public place would be a park. An example of someone being in a lawfully private place would be a mailman attempting to deliver mail to the residence. They had the right to be on their property. California has a “strict liability” rule. The owner is ultimately held responsible in almost all cases if their dog bites and/or attacks someone.
What arguments may they use against your claim?
Dog bites are under the “strict liability” law as mentioned before. However, in certain cases, the owner may not be held completely liable for the actions of their dog. If you take actions toward a dog that a reasonable person would think would provoke the dog, then you likely won’t win your claim and the owner will not be held liable. An example of this would be if you repeatedly hit a dog and they attacked or bit you as a result. Another argument that dog owners may make is that the victim was trespassing. You were unlawfully on their private property and therefore the dog was justified in biting or attacking you. An example of this would be a salesman coming up to the property.
Getting attacked and/or bite by a dog is a devastating situation to be in. It’s nothing you would’ve or could’ve prepared for. Now you have to suffer as a result of their animal. You could have suffered major or minor injuries. Either way it’s unfair and you deserve some justice. You need an expert on dog attacks and bites by your side. The Law Offices of Howard Craig Kornberg will fight for you and help to ease the burden you are now facing because of the attack. Schedule a free consultation today using this contact form or call us at 310-997-0904 for a free initial consultation.