What is the Statute of Limitations for Filing a Dog Bite Claim in California?

What is the Statute of Limitations for Filing a Dog Bite Claim in California

According to recent statistics, pet ownership in California is growing, with approximately 40% of households owning at least one dog. If your dog bites someone or someone else’s dog bites you, it’s important to know the statute of limitations for filing a dog bite claim in California. In the Golden State, the statute of limitations is two years from the date of the dog bite, but there are some exceptions.

Read on to learn when dog owners are liable for dog bites, what you should do after a dog bite, and more. The team of highly skilled lawyers at Jacob Emrani are experts in handling various animal attack claims.

When Are Owners Liable for Dog Bites?

Suing for a dog bite is complicated, and dog owners should know when they’re liable if their pet bites someone. Dog owners are strictly liable for dog bites that occur in public or on private property in California. All dog owners are responsible for injuries caused by their dog. This applies regardless of the dog’s previous behavior or the owner’s knowledge of the behavior. 

Owners are liable for dog bites in California when:

  • Their dog bites another person in a public place.
  • The dog bites someone on private property, and that person has the right to be there.
  • A dog bites someone while the owner is negligent in controlling the animal.
  • A dog bites someone while the owner is under any duty to control the dog.

Exceptions to this rule include:

  • If the bite occurred while the dog was defending itself from harassment or provocation.
  • When the bite occurred while the dog was assisting a peace officer or another person (such as a service dog).

What Should I Do After a Dog Bite?

Whether you’re the dog owner or the person who was bitten, here’s what you should do after a dog bite:

  • Clean the wound: Immediately wash the wound with warm water and gentle soap for at least five minutes.
  • Apply pressure: Using a clean cloth, gently but firmly apply pressure to the wound to help stop the bleeding.
  • Apply an antibiotic: Apply a thin layer of antibiotic ointment to the wound to prevent infection.
  • Protect the wound: Cover the dog bite with a sterile bandage or medical dressing.
  • Get help: Go to the emergency room or seek medical attention immediately, even if the bite is minor.
  • Report the bite: Contact the police to file a report and give a statement about the dog bite, whether or not the owner was at fault. This gives you an official record of the incident if you decide to pursue the issue in court later. 
  • Call animal control: Contact your local animal control agency if you were bitten by a dog you don’t know so they can determine if the animal has rabies. If the dog isn’t a stray, they can also try to locate the owner for you. 
  • Gather information: If possible, get the dog’s license information and any previous records of bites or other attacks (when applicable). You should also take pictures of the dog bite and record the date, location, and time, as well as the owner’s name, phone number, and address. You’ll need the owner’s information to take the matter to court. 
  • Get a tetanus shot: People who have not had a tetanus shot in the last five to 10 years should consider getting one from their doctor as soon as possible after the dog bite.

What Are Common Dog Bite Injuries?

Some dog bites are mild and may only involve minor scrapes and superficial abrasions. However, other dog bites are more serious and may include one or more of the following injuries:

  • Puncture wounds: Small but deep wounds caused by a dog’s teeth breaking through the skin can cause serious puncture wounds.
  • Lacerations: A laceration is a deep cut or tear in the skin that can reach the muscles, bones, nerves, and blood vessels.
  • Bone fractures: Many victims of serious dog bites experience fractures or broken bones.
  • Infection: Dog bites may become infected due to bacteria in the animal’s mouth.
  • Nerve damage: Extreme dog bites can lead to pain and possible paralysis if the nerve endings are damaged or die.
  • Scarring: Permanent scars may occur if the dog bite tears the skin. Many dog bites require stitches. 
  • Rabies and/or tetanus: Rabies is a viral infection that can be fatal if untreated. Tetanus is a bacterial infection that attacks the nervous system and causes painful muscle tightening. If necessary, dog bite victims should be tested and treated for both.

Can I File a Wrongful Death Claim for a Dog Bite?

You may file a wrongful death claim if someone dies as a result of a dog bite. The claim may be filed by a family member or the deceased’s legal representative. You’ll need a skilled lawyer to handle and prove your case in a court of law. Even if the dog owner is liable, your attorney needs to prove they were negligent when the dog bit the person or the owner had wilful intent when the dog bit the person who died.

When Should I File a Dog Bite Claim?

How long after a dog bite can you sue, and when should you file a claim? In California, victims have two years from the date of the dog bite to sue the owner. However, minors may delay filing a lawsuit until they turn 18, and then they have until they turn 20 to file. 

It’s best to file a claim as soon as possible after the dog bite occurs because personal injury cases tend to be strongest when filed quickly after the event. Victims and witnesses can recall the incident more clearly than they can after a long time has passed. Providing detailed accounts of the incident works to strengthen your case. 

Contact the Law Offices of Jacob Emrani Today

If you’re a victim of a dog bite in Southern California, don’t delay and contact an expert attorney like the Law Offices of Jacob Emrani. We specialize in personal injury cases, including dog bites and other animal attacks. If you are ready to file a claim, Call (888) 952-2952 or contact us online to set up your no-cost case evaluation!

Leave a Reply

Your email address will not be published. Required fields are marked *

STAY UP TO DATE

PERSONAL INJURY NEWSLETTER

Get legal tips, local news, sports updates and learn about upcoming giveaways right in your inbox.

SUBSCRIBE FOR E-MAILS

"*" indicates required fields

Custom Checkbox
This field is for validation purposes and should be left unchanged.

serving
southern california

Address

714 W. Olympic Blvd.
Suite 300
Los Angeles, CA 90015

Phone

Our Main Location

Los Angeles

serving southern california

Address

714 W. Olympic Blvd.
Suite 300
Los Angeles, CA 90015

Phone

(888) 508-5085