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Can You Sue For A Minor Dog Bite In California?

Updated: Dec 22, 2022

Exploring The Extend For Minor Dog Bite Laws In California

As a general rule, if a party's negligence has caused an injury to someone else, the negligent party will be liable for the losses the victim suffered. This includes possible injuries associated with minor dog bites as well.

If you've been a dog bite victim, you'll have grounds to file for a dog bite lawsuit in California. This is still a civil claims process, so you'll need to meet specific requirements and present ample evidence to be awarded compensation for your injuries and losses.

Let's look at California Dog Bite Law, how it applies to you, and what you need to consider before filing a dog bite lawsuit in California. Here's what our experienced Los Angeles dog bite attorneys have to say:

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What Does California Dog Bite Law Say?

The strict liability regulations governing dog bites are set in California Civil Code Section 3342. Pet owners are responsible for any harm someone sustains from a dog attack. If the victim, an adult or child, was bit while lawfully present on private property or in a public area, strict liability statutes apply.

In short, dogs do not need to have a history of aggressiveness or previous dog bite incidents. The first time a dog attacks or bites a plaintiff is enough to sue and take this to a Los Angeles dog bite lawyer.

The law applies even if the owner cannot control their dog or is unaware that their dog is aggressive. These restrictions do not, however, apply to bites received while doing their duties or in self-defense by military or police enforcement canines.

Any dog acting in self-defense in California is exempt from liability if it is defending its owner or another person.

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Can You Sue For A Minor Dog Bite In California?

Civil liability applies if a dog's teeth gripped someone and the bite did not break the skin or if additional injuries happened, such as someone falling to the ground after a dog seized their clothing.

Remember, you don't have to be injured directly from the bite to file personal injury claims in California. So, for example, if you were chased by a dog while legally on someone else's property and got injured, you might still have claims under California law.

If you're unsure whether you have a valid claim, consult a dog bite attorney in Los Angeles before suing for dog bite incidents in California.

Are There Reasons You Can't File A Minor Dog Bite Lawsuit In California?

Recovering damages is not possible when someone enters private property while committing a crime and a dog attacks. However, if the dog's handler or owner specifically trained it to attack, the court might compensate the trespasser.

If the victim intentionally provoked the animal or attempted to flee from a dog that did not attack them, they are not eligible to file a lawsuit. On the other hand, if a dog owner fails to make an effort to restrain their pet, they may be held accountable.

Is There A Deadline For Filing A Dog Bite Lawsuit In California?

A dog bite lawsuit must be brought by California Civil Code 335.1 two years after the date of the injury.

Acting swiftly is crucial since it could take some time to track down the dog's owner and Civil Code 335.1 starts when the dog bites. Contacting a Los Angeles dog bite lawyer to help you investigate the claim and gather evidence is a great way to ensure you meet the deadline.

In addition, the statute of limitations does not begin until the victim reaches the age of 18 if they are a juvenile. After that, they will have until the age of 20 to file a lawsuit.

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Find A Nearby Prescreened Dog Bite Attorney in Los Angeles

1000Attorneys is a state bar-certified lawyer referral service in California. In minutes, we'll link you up with a fitting Los Angeles dog bite lawyer!

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