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Dog bites often result in serious injuries. However, unless you understand how to prove liability after a dog bite in Thousand Oaks or Los Angeles, then you may be out of luck when it comes to compensation. Fortunately, with the assistance of an experienced attorney, it is possible to prove liability following a dog bite and obtain compensation for your injuries. In this article, we discuss how to prove liability in a dog bite claim.
Fault and Liability in a California Dog Bite Case
Under California law, the owner of a dog is strictly liable for injuries following a dog bite when the bite occurs:
- On public property; or
- On private property during a lawful visit by the victim
This includes bites that take place on the owner’s property, in neighborhoods, and in public parks as long as the victim of the bite is not a trespasser.
Common Defenses in Dog Bite Cases
If you are the victim of a dog bite, the responsible party is likely to raise defenses in an attempt to avoid liability. Therefore, following a dog bite injury, you should contact an experienced dog bite attorney for help. Common defenses raised by dog owners following a bite include:
- The victim’s injuries were not serious.
- The victim’s injuries were not caused by the dog.
- The victim was trespassing.
- The victim provoked the dog.
- The victim was responsible for his or her own injuries.
Evidence to Prove Liability in a Dog Bite Injury Case
Recovering financial compensation following a dog bite injury requires a thorough investigation into the circumstances surrounding the incident. Working with an experienced California dog bite attorney is typically the most effective way to gather evidence and build a case against the responsible party. Common types of evidence in a dog bite case in California include:
- Reports compiled by local authorities
- Police reports
- Eyewitness statements
- Photos and videos of the attack
- Photos and videos of injuries
- Medical records
- Prior reports of the dog’s aggressive behavior
- Expert testimony regarding medical costs and injuries
- Documentation of financial damages, including receipts for expenses and medical bills
Statute of Limitations in a California Dog Bite Injury Case
After a dog bite injury in California, it is advisable to contact an attorney as soon as possible. One reason for this is the statute of limitations for dog bites. In California, a dog bite victim generally has up to two years to file a lawsuit following a dog bite injury. If you fail to file a lawsuit within this timeframe, you will be unable to recover financial compensation for your injuries.
Contact Our Southern California Dog Bite Injury Attorney
If you’ve suffered a dog bite injury, you should contact an experienced dog bite injury attorney as soon as possible. At Ardalan & Associates, our knowledgeable dog bite injury attorneys will work tirelessly to hold all responsible parties accountable while diligently seeking financial compensation on your behalf. Please contact us today to schedule an initial consultation with one of our experienced California dog bite injury lawyers.
Ardalan & Associates, PLC is a personal injury law firm based in Thousand Oaks, also serving all of Southern California, including Los Angeles, Ventura, Kern, and Orange County. We are committed to helping clients involved in personal injury accidents seek justice and navigate their legal journey.