There will be a statute of limitations in every state that draws a deadline to file a personal injury lawsuit and to bring it to the civil court system of the state. When it comes to California State, the statute of limitations is two years. Note that dog bite cases are listed under personal injury and hence, the time window for a victim to sue the dog and its owner and claim the damages is two years from the date of the dog bite incident. In case you fails to file the dog bite claim on time, your case will be eternally barred from bringing to the court of law. Hence, hire a dog bite attorney and file your case as soon as you recovered from the injury.
The Dog Bite Statute in California
According to the dog bite law in California, the owner of the dog is considered guilty and is held liable for the damages under the following circumstances.
- If the dog bite caused injuries and physical damages
- If a person is bitten by the dog in a public place or legally in a private place
The statute of limitations provides an exception for dog bite victims who got injured while the dogs were carrying out military and police operations. Besides, if you want to apply a dog bite lawsuit in California, make sure that the injury and damages are caused as a result of the dog bite not because of some other behavior or parts of the canine. For instance, consider a situation where you were relaxing in a park and a dog accidentally jumped on you scratching your eyes or any other body parts causing damage or injury. Here, the dog bite statute cannot be applied since the damages and injury is not caused by a dog bite. Nevertheless, you can file a negligence lawsuit against the dog owner and seek compensation for your damages. After all, it is the responsibility of the dog owner to take care of his/her dog and avoid these kinds of situations.
The way different states deal with dog bite cases may vary; either the states will be ‘strict liability’ or will be ‘negligent’. As far as California is concerned, it is a ‘strict liability’ state when it comes to dog bites. The term ‘strict liability’ indicates that the dog owner will have to take the liability of the dog bite injury. In other words, dog owners will not be able to escape from the case claiming that the aggressive reaction of their canine was unpredictable. The owner will be held responsible for the behavior of the dog even if the canine does not have a history of dog bite case. The victim will not have to prove the negligence of the dog keeper in the courts. Rather, just demonstrate the incident.