In order to file a lawsuit against your neighbor after a dog bite you must have sustained physical or psychological injuries. Second, you must be within the statute of limitations. Under California law, you have two years from the date of the dog bite to file suit against the owner.
According to the Insurance Information Institute, these are the numbers of average payouts for a dog bite in the top 10 states in America for 2019: California – Average dog bite payout $51,264.6 over 2,396 claims totaling $122.83 million.
Victims who have been bitten by a dog can sue for financial compensation that covers their legal damages. This goes beyond just paying for the victim's medical care. In some cases, the dog owner's insurance company will cover the verdict or settlement.
California law permits people whose dog was attacked by another dog to sue for damages. But it is not California's dog bite statute, Civil Code 3342, that applies in such cases. Rather, California law classifies dogs as personal property.
Level 4: One-four deep punctures from a single bite and lacerations or bruising from the dog holding on or shaking. Level 5: Multiple bite incident with more than 2 Level 4 bites. Level 6: Victim death.
Homeowners and renters insurance policies typically cover dog bite liability legal expenses, up to the liability limits (typically $100,000 to $300,000). If the claim exceeds the limit, the dog owner is responsible for all damages above that amount.
Tips On This Page:Seek Immediate Medical Attention.Report the Dog Bite to Local Authorities.Find Out About the Dog Owner.Check Your Local Dog Bite Laws.Collect Evidence to Support Your Claim.Know What Your Claim is Worth.Watch What You Say to the Adjuster.Emphasize You Did Nothing Wrong.More items...•
Victims of dog bites may worry about how the strict liability statute applies, based on the location where the attack occurred. The good news is that victims of dog bite attacks are protected by California's strict liability statute for dog bites, regardless of whether the attack occurred on public or private property.
Possible Defenses in Dog Bite CasesProvocation and Negligence. If the injured person provoked the dog to attack—either purposely or negligently—the owner may not be held liable for the resulting injuries. ... Assumption of the Risk. ... Trespassing and Recovery. ... Police and Military Dogs. ... Other Injuries. ... Sources:
In California, if a dog bites someone, it is a strict liability issue. “If there is a bite, the owners are liable,” says attorney John Montevideo. “There are some exceptions to the rule, but, for the most part, it's the owners fault for it simply having happened.
It is possible that a dog can be put down for biting someone, but it won't happen in most cases. When a dog is put down, it's usually because there is a history of aggression including the dog having bitten in the past.
Vicious dog – A vicious dog is any dog that, without being provoked, severely injures or kills a human being. A dog can be classified as vicious if, after its owner is notified that the dog has been classified as potentially dangerous, continues the behavior that earned the first classification.