Time is Ticking: California’s Statute of Limitations for Dog Bites

Imagine enjoying a sunny afternoon in California, perhaps strolling through a park or visiting a friend. Suddenly, a dog bites you, leaving you injured and shaken. In the aftermath, legal considerations might be the last thing on your mind. However, if you’re considering pursuing a dog bite claim in California, it’s crucial to understand that time is ticking.

California has a statute of limitations for dog bite cases, meaning you have a limited amount of time to take legal action. Missing this deadline could mean losing your right to compensation for your injuries and damages. According to a joint study by the American Veterinary Medical Association, the Insurance Information Institute, and State Farm, the average dog bite settlement in California is about $51,000. Understanding the statute of limitations is the first step in protecting your right to pursue such compensation.

What is the Statute of Limitations for Dog Bite Claims in California?

In California, dog bite claims fall under personal injury law. The statute of limitations for personal injury claims, including dog bites, is generally two years from the date of the injury. This means you have two years from the date the dog bit you to either settle your claim with the dog owner’s insurance company or file a lawsuit in court. If you fail to take action within this two-year window, you may be barred from recovering any compensation for your injuries.

Why is the Statute of Limitations Important?

The statute of limitations exists to ensure fairness and prevent stale claims. Memories fade, evidence can be lost, and witnesses may become unavailable over time. By setting a deadline, the law encourages prompt action and helps ensure that cases are resolved based on reasonably fresh and reliable evidence.

California’s Strict Liability Law

California operates under a “strict liability” rule when it comes to dog bites. This means that a dog owner is liable for damages caused by their dog if the bite occurred in a public place or lawfully on private property, regardless of the dog’s past behavior or the owner’s knowledge of the dog’s viciousness. This is outlined in California Civil Code Section 3342.

To file a dog bite lawsuit in California, you must prove the following:

The defendant owned the dog that bit you.
The bite occurred in a public place or you were lawfully on private property.
You suffered injuries as a result of the bite.
The dog bite was the substantial cause of your injuries.

Exceptions to the Statute of Limitations

While the two-year statute of limitations is the general rule, there are some exceptions:

Minors: If the dog bite victim is a minor (under 18 years old), the statute of limitations is “tolled” or paused until they reach the age of 18. Once they turn 18, the two-year clock begins to run. This means a minor has until their 20th birthday to file a dog bite claim.
Mental Incapacity: If the dog bite causes the victim to become mentally incapacitated, the statute of limitations may be paused temporarily until they regain their mental capacity.
Owner Leaves the State: If the dog’s owner leaves the state before a lawsuit can be filed, the statute of limitations may be extended.

What to Do After a Dog Bite

If a dog bites you, it’s essential to take the following steps to protect your health and legal rights:

Seek Medical Attention: Even if the bite seems minor, seek medical attention immediately. Dog bites can cause serious infections, and it’s important to get proper treatment.
Report the Bite: Report the bite to your local animal control agency and the police. This creates a record of the incident and helps ensure the dog is properly quarantined and tested for rabies. California law requires both the victim and the dog owner to report the attack to the local health department.
Gather Information: Get the dog owner’s name, address, and contact information, as well as the dog’s breed and vaccination history. If the owner flees the scene, try to get their license plate number.
Document the Incident: Take photos of your injuries, the scene of the attack, and any damage to your clothing or personal property.
Contact Witnesses: If there were any witnesses to the attack, get their names and contact information.
Preserve Evidence: Keep any torn or bloody clothing as evidence.
Contact a Dog Bite Attorney: An experienced California dog bite attorney can evaluate your case, explain your rights, and help you navigate the legal process.

Compensation You May Be Entitled To

If you’ve been bitten by a dog in California, you may be entitled to compensation for the following damages:

Medical Expenses: This includes the cost of emergency treatment, hospital stays, doctor’s visits, surgery, physical therapy, and medication.
Lost Wages: If your injuries prevent you from working, you may be able to recover lost wages.
Pain and Suffering: You may be able to recover compensation for the physical pain and emotional distress you’ve experienced as a result of the dog bite.
Property Damage: If the dog damaged your clothing or other personal property, you may be able to recover the cost of repairing or replacing those items.
Disability Benefits: If the dog bite caused you to become disabled, you could recover disability benefits.

Common Defenses in Dog Bite Cases

Even in a strict liability state like California, dog owners may raise certain defenses to avoid liability. Common defenses include:

Trespassing: The owner may argue that you were trespassing on their property when the bite occurred.
Provocation: The owner may argue that you provoked the dog, causing it to bite you.
Assumption of Risk: The owner may argue that you assumed the risk of being bitten, for example, if you were interacting with the dog despite knowing it was aggressive.

The Importance of Seeking Legal Advice

Dog bite cases can be complex, and it’s important to have an experienced attorney on your side. A skilled attorney can:

Investigate the circumstances of the bite.
Gather evidence to support your claim.
Negotiate with the dog owner’s insurance company.
File a lawsuit if necessary.
Represent you in court.

Don’t Delay: Contact a Dog Bite Attorney Today

If you’ve been bitten by a dog in California, don’t wait to take action. The statute of limitations is ticking, and you could lose your right to compensation if you delay. Contact a qualified California dog bite attorney today to discuss your case and protect your legal rights.