When it comes to dog bite lawsuits in California, the state is a strict liability jurisdiction. This means that the owner of a dog is responsible for any damages caused by their pet biting another person, regardless of whether they knew the animal was dangerous or not. If you or a loved one has been injured by a dog bite in California, it's important to understand your rights and the legal process. Under California law, dogs are considered the personal property of their owners.
This means that when a person's dog is “damaged”, the usual cause of action is property damage (or a darker legal theory known as “breaking and entering”). Victims may be entitled to amounts that they reasonably spent trying to “repair the property”, such as veterinary bills. However, the restitution for property damage is generally limited to the cost of repairing or replacing the damaged property. In addition, California law allows recovery of punitive damages if the owner or trainer acted “maliciously”, for example, if they wrongly ordered the animal to attack.
If a minor dog bite results in a trip to the emergency room, the victim should not be responsible for the consequent expenses. The statute of limitations (time limit) for suing in California is two years. This means that you have two years from the date the dog bite occurred to file a claim against the responsible party. When victims sue for compensation for their damages, it doesn't matter if the owners knew that their dogs had bitten someone before.
If you are dealing with a civil complaint for a dangerous dog or a court order to destroy your pet, you may want to consult with a lawyer who specializes in animal law. Proving liability in your dog bite case and obtaining maximum compensation for damages depends on the skill and experience of your California dog bite lawyer. The most important consideration a court takes in a dog bite case is what is needed to protect the public from harm. When it comes to defending against a dog bite lawsuit, dog owners may have one or more legal defenses available.
For example, some daycare centers ask parents to sign agreements exempting them from liability in the event of a dog attack, but courts tend to side with the victim and consider these documents against public policy. No matter which side of the dog bite you're on, it's crucial that you document everything you can: images, videos, personal stories, witness accounts to help solve the problem. Once a dog has bitten a person on two separate occasions, the district attorney will assess the situation and analyze the circumstances to see if the dog owner took appropriate steps to keep the dog away from others and prevent a dangerous situation from occurring. If you or a loved one has been injured by a canine attack in California, it's important to understand your rights and legal options.
Even minor dog bites can be psychologically traumatic experiences that often lead to late negative consequences. An experienced California dog bite lawyer can help you get maximum compensation for your damages.
