In terms of liability, dog bite injuries
are among some of the easiest types of personal injuries to prove by plaintiffs. This is due to the fact that the State of California has a strict liability law for dog owners
. Nevertheless, the defendant may bring evidence of his own to show that your claim is unjustified and that you are not entitled to any or all of the compensation you have been asking for.
This strict liability rule is very useful in most cases but not of the plaintiff was trespassing at the time of the attack and the defendant is able to prove so. Seeking legal aid is useful in all personal injury cases. You can talk to a Los Angeles personal injury attorney
for advice on how to prove a dog bite injury and how to claim compensations for your injuries.
The strict liability rule for dog bite in California
The California Civil Code 3342 states that dog owners have strict liability
for the actions of their pets, even if they were previously unaware that their dog was aggressive. The dog bite statute applies if the victim was bitten in a public place or in a private place if he was lawfully on those premises.
The dog bite rule may not apply in all dog attack cases. For example, it will not apply if the dog jumped on the victim and the plaintiff was scratched by the jumping dog or hurt in the fall. However, the plaintiff can argue that the owner was negligent and failed to properly tend to the dog or secure the animal.
One of our Los Angeles personal injury attorneys
can help you put together your claim for a dog bite injury
, based mainly on the strict liability rule but also supported by evidence such as the fact that the animal was from an aggressive breed or that there were circumstantial occurrences that made the dog attack.
The statute of limitations for dog bite injuries in California
California has a statute of limitations for dog bite injuries
and all other types of personal injury claims. The case can be brought to court within two years after the injuries took place. If the dog bite case is brought to court later, then the court may not even hear the case.
Victims should keep in mind that the dog bite rule in California does not apply for police or military dogs that were engaged in specific duties at the time the bite took place.