Our Pasadena Dog Bite Lawyer Explains California Dog Bite Injury Laws & Owner Liability Rules
When reviewing an injury, your Pasadena dog bite lawyer must take into account the many different parts of California’s dog bite laws. The following are some parts of the case that must be carefully considered
- the date of the event
- whether there is time to file a case
- the actual statutes surrounding the dog bite event
- some of the defenses that the dog owner can use in court
Statute Of Limitations for Dog Bite Injuries in California
The Statute of Limitations is a law that states how long a person has the right to file a lawsuit after an event has taken place. In California, the time line for filing a personal injury claim in Civil Court is two years from the date of the event. Your Pasadena dog bite attorney must verify that the event took place within these guidelines or the court will not accept the case. California’s Dog Bite Law Section 3342 of the Civil Code of California states that a dog owner is liable for damages caused by a dog bite if:
- The injury and damages received by the victim were the result of a dog bite and not any their action by the dog, and
- The bite took place in a public place or on private property that the victim had the legal right to be on at the time of the dog bite.
Your Pasadena dog bite attorney will need to verify that the injuries were from the actual bite, and that the bite occurred in the appropriate area. It is important to understand that certain injuries caused by a dog, such as a large dog knocking down a call child and causing them to break a bone, do not fall under the dog bite laws of California.
Understanding Strict Liability
Under California law, dog bites are considered a “strict liability” case. This means that the owner of a dog cannot escape from liability of the actions of their dog. In different states where dog bites are treated as negligence cases, owners can mount a defense that they were unaware that their dog would ever become aggressive and bite. In California, owners must take responsibility for the actions of their dogs, regardless if they had foreknowledge of aggressive behavior.
Dog Owner Defenses in California
Because of the strict liability laws in place concerning dog bites in California, the only defense that a dog owner can have against the victim is trespassing. Under California law, the dog bite must take place in a public place or on private property where the victim had express permission to be when the attack occurred. Anyone who is unlawfully on private property and is bitten by a dog may not be able to collect damages for their injury. Government and military entities can provide an additional defense for dog bite injuries. Under California law, dog bites that occur while the dog is performing police or military duties do not fall under dog bite laws. Additionally, anyone who provokes one of these types of dogs that causes the dog to react cannot seek compensation or a dog bite injury.
Call a Pasadena Dog Bite Lawyer
If you have been injured because of a dog bite, it is important that you seek legal representation from a qualified attorney. Dog bite injuries can cause extensive physical damage and as the victim, you have the right to have your medical expenses covered as well as possible additional compensation. Only an attorney can provide you with the exact forms of compensation you are entitled to under the law based on the facts of your case. The Paul S. Norris Law Firm has experience representing dog bite injury victims. Clients can expect aggressive representation and a protection of their rights as an injury victim. For a professional Pasadena dog bite lawyer to represent your case, you are encouraged to contact the Paul S. Norris Law Firm at 626.993.4415 today.