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Dogs have a reputation as man’s best friend. The California Department of Food and Agriculture (CDFA) reports that approximately 40% of households in our state own a dog. While they can make excellent companions, dogs can also be extremely dangerous if the proper safety precautions are not taken. Nearly one million people nationwide go to the hospital for dog bites each year.
If you or your family member was injured by a dog, you must get access to medical care and financial compensation. California has unique rules and regulations for dog bite injuries. It is a strict liability state. Here, our Fresno dog bite attorney provides a comprehensive guide to the liability laws in California.
Your Guide to Dog Bite Liability in Fresno (Three Potential Types of Claims)
Have you or a loved one been bitten by a dog in Fresno or the wider region of Fresno County? Your claim falls under California law. It is important to know that dog bite laws vary significantly from state to state in our country. Following a dog bite attack, you could have one (or more) of the following three types of claims:
- A Strict Liability Claim Against the Dog OwnerCalifornia is a strict liability state for dog bites. Under California Civil Code § 3342, a dog owner may be held legally responsible if the animal bites a person, even without a finding of negligence. In other words, they bear liability for the dog bite regardless of the dog’s previous behavior or the owner’s knowledge of any aggressiveness. Strict liability applies if the bite occurred in a public place in Fresno or if the victim was bitten while lawfully on private property in Fresno.
- A Common Law Negligence Claim Against the Dog OwnerA dog owner in California may also be legally liable for an attack through a common law negligence claim. Under common law negligence in California, a dog bite victim can claim damages if they can prove that the dog owner failed to exercise reasonable care to prevent the dog from biting. In some cases, additional compensation may be recovered through a common law negligence claim.
- A Common Law Negligence Claim Against a Non-OwnerA dog bite victim in Fresno may also have a claim against a non-owner third party. When someone other than the dog’s owner is in control of the dog at the time of the bite—a dog walker, a kennel, or a pet sitter—they may bear liability. The owner may bear liability if they negligently trusted their animal to one of these parties. Alternatively, a negligent property owner, apartment complex, or other party may also be legally responsible for an attack.
What is the Statute of Limitations for a Dog Bite Claim in Fresno?
In California, the statute of limitations for filing a dog bite claim is two years from the date of the bite (as of September 2024). Put another way, the injured victim has two years from the date of the attack to initiate legal proceedings against the at-fault party. If the lawsuit is not filed within this period, the victim generally loses the right to bring a claim at all. Be proactive: Consult with a Fresno dog bite injury lawyer as soon as possible after an attack.
Compensation Through a Dog Bite Injury Claim in Fresno, California
A dog can cause severe injuries—especially to a vulnerable person such as a senior citizen or a young child. In California, dog bite victims may seek compensation for both economic losses and non-economic damages. These claims are generally defended by property insurance companies. Unfortunately, insurers fight hard to settle claims for less. You may be entitled to recover dog bite damages for:
- Emergency medical treatment;
- Hospital bills and other medical care;
- Medication or medical equipment;
- Physical therapy or mental health counseling;
- Loss of wages and loss of earning power;
- Pain and suffering and mental distress;
- Disability or disfigurement; and
- Wrongful death of a family member.
Schedule a Free Consultation With Our Fresno Dog Bite Lawyer Today
At Nunes Law, Inc., our Fresno dog bite attorney is a skilled, knowledgeable, and compassionate advocate for injured victims. If you have any questions about a dog bite injury claim, please do not hesitate to contact us today for a free consultation. From our office in Fresno, we fight for the rights of dog bite victims in Fresno County and throughout the wider region, including in Sanger, Reedley, Clovis, Kerman, Coalinga, Firebaugh, and Orange Cove. Call the experienced personal injury attorney at (559) 702-5124.
