How long do I have to file a dog bite lawsuit in California?
Dog bites can lead to serious, long-lasting injuries. Some of these injuries can permanently affect a victim’s ability to work, enjoy hobbies, engage with their loved ones, and otherwise enjoy daily life. California law holds dog owners legally responsible (liable) for compensating all the financial losses a victim suffers as the result of a dog bite.
What Types of Financial Losses Can Occur As the Result of a Dog Bite?
Dog bites can result in a wide variety of financial losses. Medical bills can be incurred for months, or even years, after an injury occurs. Severe injuries often require rehabilitation and pain management therapies long after the dog bite has been sustained. These expenses are all subject to compensation in a personal injury lawsuit. Projections can be used to recover compensation for medical expenses which are likely to be incurred in the future.
Aside from the immediate medical bills, many victims miss work and lose wages as a result. Severe injuries may permanently impair a victim’s ability to work. Reduced working hours, decreased responsibilities, and other accommodations often result in the victim having a decreased earning potential. All of these losses to income are compensable by a dog owner whose negligence resulted in a bite.
Legal Requirements For Sustaining a Dog Bite Injury Claim
California law creates two important exceptions to liability for dog bites. First, a victim cannot recover damages if he or she was on the dog owner’s property without permission. Section 3342 of the California Civil Code requires that the victim is in a public place, or lawfully present in a private place, at the time of dog bite. Second, this Section also prohibits liability for dog bites sustained by military or police working dogs who were either assisting their handlers or being provoked by the victim.
Another legal requirement for a successful dog bite claim is adherence to the applicable statute of limitations. If a claim is not filed by the deadline set in the applicable statute of limitations, a victim is prevented from bringing the claim at all. Because the claim cannot be brought to court, this also means that an insurance company will not offer a settlement. Section 335.1 of the California Code of Civil Procedure sets the statute of limitations for personal injury claims – including dog bites – at two years. This means that a dog bite victim has two years from the date of the injury to file a lawsuit in court. Any lawsuit filed after this deadline can be immediately dismissed upon a motion by the defendant.
A Tustin dog bite lawyer can help dog bite victims protect their right to be compensated for financial losses incurred as a result of a dog owner’s negligence. By filing a timely claim with the owner’s insurance company, negotiating a settlement, and – if necessary – filing a lawsuit before the statute of limitation has expired, dog bite victims can improve their access to compensation for their injuries.