Although dogs are referred to as “man’s best friend,” they can sometimes cause severe injuries.
Dog owners have a responsibility to make sure that their dogs do not injure those around them. If a dog is aggressive and poses a threat, an owner is required to take measures to protect the public. In fact, dog owners can be held liable even if they were not negligent under a theory of strict liability.
What to do after being bitten or attacked by a dog:
- Protect yourself
- Clean and tend to your wounds
- Take photos of your wounds, the dog, where you were attacked, any barriers (or lack thereof) between you and the dog, and the location of the attack.
- Take notes
- Seek medical care
- Try to contact the owner to determine if the dog has been vaccinated. If the dog has not been vaccinated, contact your doctor immediately
- Report the attack to Animal Control
- Call The Accident Pros
California Is A Strict Liability State
In California, a dog owner can be held liable for a dog bite pursuant to a theory of strict liability. Under this legal doctrine, a pet owner cannot escape liability by claiming that he or she was unaware of the dog’s aggressive tendencies. In California, an owner is responsible for all damages resulting from a dog bite, even if the dog has never bitten anyone before.
The law regarding dog bites is clear: “The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.” See California Civil Code § 3342.
Deadline to file suit: A claim for dog bite injuries would be considered a personal injury lawsuit
Therefore, a victim has 2 years to file a lawsuit under California Code of Civil Procedure Section 335.1. If the case is filed after the two-year deadline has passed, the court will almost certainly dismiss it. Despite this, it is best to retain an attorney as soon as possible.
Do not fight the insurance companies alone. If you or someone you know has suffered personal injuries from a dog bite or attack, call the experienced injury attorneys at The Accident Pros today for a no-cost case evaluation to help you understand your legal rights and help you get the compensation you deserve. Let us help you get the peace of mind you deserve during these vulnerable times. The Accident Pros fight to obtain fair compensation for dog bite victims in Los Angeles, San Diego, San Bernardino, San Francisco, San Jose, and throughout California.