A dog bite case falls under personal injury law. So, much like all personal injury cases, the victim of the injury has two years from the date of the incident to file a personal injury claim. The two-year statute of limitation is covered in California Civil Code 335.1, which states:
“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
Exceptions to the Statute of Limitations in California
In most cases, the statute of limitations for dog bite accidents begins on the date the injury took place. However, the time can vary based on the following facts:
- Injuries: An injury can take time to form or for the injured victim to become aware of their injury. The discovery of an injury can postpone the start date for the statute of limitations on a claim.
- Wrongful death: a person may lose their life at a much later date due to health complications from the accident. In this case, the victim’s family will be given two years from the day they lost their loved one to file a claim.
- The victim was a minor: if the victim was a minor at the time of the attack, the statute of limitations will be withheld until the minor turns 18. Once the dog bite victim is 18, the two-year statute of limitations will start.
What is the Discovery Rule?
The discovery rule delays the statute of limitations if you could not have reasonably known about your injuries right away. For example, let’s say a dog attacks you, causing you to fall and hit your head on the sidewalk. Your head hurts, but there’s no visible damage, so you don’t see any reason to pursue a lawsuit against the owner.
Years later, however, you begin to have neurological issues that your doctor says must be from a time when you suffered some sort of blunt trauma to your head. In this situation, the “discovery rule” applies as the two-year clock does not start running until the day your injury was discovered and you would able to file a claim against the dog owner’s insurance to recover damages.
It is important to note that even if you’re attacked by a dog, it is recommended to get checked out by a doctor, even if you feel fine. By seeing a doctor, you’ll not only be protecting yourself but your right to compensation as well.
What is Considered a Dog Bite In California?
A dog bite occurs when a dog grabs a person with its teeth and closes its jaw around them. A person’s skin does not have to be broken for this action to be considered a bite. The dog’s attempt to bite is considered a bite because the victim may suffer other injuries attempting to avoid a dog bite, or removing their clothes from a dog’s bite.
Do You Need a Lawyer for a Dog Bite in California?
Whether the dog bite occurred on someone else’s property or in a public place, it is advisable to discuss your situation with an experienced personal injury attorney. If you were injured as a result of someone’s careless actions, or lack of care with their dog and it resulted in you getting bit, you may be entitled to compensation for your damages.
It is important to know that property owners can be held liable even if you were trespassing on their property and suffered a dog bite injury. The homeowner must have known or had reason to know the dog was dangerous and likely to cause harm. An example of this would be a dog with a history of aggressive behavior or had previously attacked someone. An attorney can protect your right to compensation, as well as recover the following damages:
- Medical costs
- Lost wages (if you have to miss work to recover)
- Retraining or re-education for job placement if you have suffered a disability from the accident
- Pain and suffering
- Loss of enjoyment of life
Most personal injury cases never make it to trial and are often settled outside of court. It is common for both the defendant and the plaintiff to reach an agreeable settlement to:
- Avoid the uncertainty of a trial
- Avoid more stress and save time
- Save on costs and attorney fees
- Protect their privacy
Contact a Dog Bite Liability Lawyer
If you’ve sustained injuries from a dog bite or your dog has bitten another person, it is advisable to speak with a dog bite liability lawyer about the incident. At Maison Law, we prioritize the safety and well-being of dog owners and dog bite victims alike. Our team of liability attorneys will help you understand the legal avenues available to you and recommend the best course of action to reach a successful outcome. Contact Maison Law today for a free consultation and case evaluation. There are no upfront costs and you don’t pay a cent until we’ve won your case.
