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What Are My Legal Options If a Dog Bites Me in Public in California?
What Are My Legal Options If a Dog Bites Me in Public in California?
Dog bites can be both physically and emotionally traumatic. In California, dog bite laws are designed to protect victims and hold pet owners accountable for injuries caused by their dogs. If you've been bitten by a dog in public, understanding your legal rights is the first step toward seeking compensation. At All Day Law, APC, we are here to assist the Orange public with personal injury matters, including dog bite claims.
Here’s what you need to know about your legal options if a dog bites you in public in California:
1. Strict Liability for Dog Owners
California follows a strict liability law when it comes to dog bites. Under California Civil Code § 3342, a dog owner is responsible for injuries caused by their dog, regardless of whether the dog has a history of aggression or whether the owner was negligent. This means that:
- You do not need to prove that the dog owner was careless.
- As long as you were lawfully in a public place (or private property with permission), the owner is liable for your injuries.
2. Filing a Personal Injury Claim
If a dog bite causes injury, you can file a personal injury claim against the dog owner. This claim may cover:
- Medical Expenses: Including emergency care, surgeries, medication, and therapy.
- Lost Wages: If you miss work due to your injuries.
- Pain and Suffering: Compensation for physical and emotional distress caused by the bite.
- Property Damage: If the dog damaged personal belongings during the attack.
3. Reporting the Incident
California law requires dog bite victims to report the incident to local animal control authorities. This ensures:
- The dog’s vaccination records, particularly for rabies, are verified.
- The incident is documented to protect others from potential future attacks.
4. Potential Defenses by Dog Owners
While strict liability applies in most cases, dog owners may raise certain defenses, such as:
- Trespassing: If you were on private property without permission when the bite occurred.
- Provocation: If you provoked the dog, the owner may argue that this contributed to the attack.
An experienced attorney can help counter these defenses and strengthen your claim.
5. Time Limits to File a Claim
In California, the statute of limitations for personal injury claims, including dog bites, is typically two years from the date of the injury. Acting promptly ensures you preserve your right to seek compensation.
6. Exploring Additional Legal Remedies
In some cases, third parties may also share responsibility for a dog bite. For example:
- A landlord could be liable if they knew a tenant’s dog was dangerous but failed to act.
- A business owner might share liability if the attack occurred on their property and they neglected safety measures.
An attorney can investigate the circumstances to identify all potentially liable parties.
How All Day Law, APC Can Help
At All Day Law, APC, we understand the physical, emotional, and financial toll a dog bite can take. Our team is dedicated to helping the Orange public seek fair compensation for their injuries and hold negligent dog owners accountable.
If you or a loved one has been bitten by a dog in public, contact us today for a consultation. Let us handle the legal process so you can focus on healing and recovery.
Hours
- Mon - Sun
- Open 24 Hours
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.