Dog Bite Injury Statutes of Limitation in Various Cities

Dog Bite Injury Statutes of Limitation in Various Cities
Dog Bite Injury Statutes of Limitation in Various Cities
September 23, 2016

There is never a year that passes without news surfacing of a person who has been attacked by a dog. Being attacked by a dog can be traumatic to the victims, their families and their loved ones. However, it appears this is one sad situation we have to live with for a long time considering the wild breeds of dogs people are domesticating.

A dog attack can leave the victim with serious injuries

If a dog attack is not fatal, it can leave the patient with very serious injuries (some of which can lead to permanent disability) like permanent scarring, internal bleeding, nerve damage, disfiguration and facial lacerations. The pain of such attacks leaves the victims with no choice than to file a case for benefits to compensate for their injuries.

Read also: The Possibility of Suing When You are Injured Riding on the Back of a Pickup

There is a statute of limitation for dog bite cases

Statutes of limitation are legal time frame for which a case has to be reported to the police or a claim filed in court. If this time window elapses, a case may not be heard of that injury in court anymore. This statute of limitation also exists for cases of dog bites and they can restrict or limit the amount of financial benefit a victim can get.

Statute of limitation for dog bite in California is 2 years

From the date the dog attack incident happened, plaintiff (the victim) has a maximum of two years to file a claim for personal injury against the defendant (the owner of the dog). This is contained in the state law, CA Code of Civil Procedure Section 335-349.4.The personal injury covered by this section of the law is battery, assault, injury to or for the death of an individual as a result of wrongful act or neglect of another.

Read also: Car Accident Cases: Four Ways to Establish Breach of Care

Dog attack is often considered as an act of neglect

It is argued that if the owner of the dog took extra measures, the dog could have been prevented from attacking their victims. There is also another section of the law that states that everybody must take care of their neighbor. Attorneys will normally use these sections of the law to strengthen their claim.

Exceptions of statute of limitation is known as tolling of the statute

There are various cases where tolling of the statute is called by the judge. Tolling can occur if the victim attacked was a minor (below 18 years), if the victim suffered severe mental and physical incapacitation and if the injury did not manifest immediately after the attack but after several years. This is common with mental injuries.

Read also: Bicycle Accident Claim: Who can be Held Responsible?

Several factors will determine the amount of benefit a dog bite victim will get

The experience of the hired attorney on that particular case would always come to play in the amount of benefit the plaintiff would get for a dog bite. However, they need supporting documents such as medical bills, future medical rehabilitation cost, lost wages and future loses and the level of pain and distress suffered by the victim to be able to make the right amount of claim and defend it to the latter.

It is always good to hire an attorney in the event of a dog bite

When you have been bitten or attacked by a dog, it is always wise to hire an attorney. An attempt to go it alone may result in resistance by the defendant. There are several dog bite attorneys in California and they can be contacted via their phone numbers which are mostly available on their websites.

Read also: Risks Associated with Hands-Free Chatting while Driving

Article highlights

  • Dog attacks are becoming frequent happenings.
  • Dog attacks can lead to permanent injuries.
  • The limit of time to which a case of personal injury can be filed is known as statute of limitation.
  • Statute of limitation for dog bite in California is two years.
  • Attorneys base their claim on a few sections of the law.
  • Exceptions to statutes of limitation are called tolling.
  • A minor or a case of mental injury would normally get a tolling.
  • It is wise to hire an attorney to defend you for a dog bite.
  • Dog bite personal injury attorneys can be contacted online.
  • Dog bite is considered an act of neglect on the part of the owner.

Related posts:

  1. Statutes of Limitation for Defective Testosterone Lawsuit
  2. Statutes of Limitation Versus Product Liability
  3. How You Can Sue for Psychological Trauma after a Dog Bite
  4. Mental Distress and Personal Injury Law

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