Even dogs that are normally friendly can be vicious if they feel threatened or think someone is intruding on their territory, and poorly trained dogs can be aggressive for no reason at all. Between those two scenarios, it is no surprise that dog bite injuries are quite common in the Golden State. Unfortunately, these injuries often have long-lasting and sometimes even life-altering repercussions.
You may have stronger grounds than you think to seek financial restitution after being hurt in this way, and our knowledgeable personal injury attorneys are here to help you enforce your rights under state law. When you work with a Stockton dog bite lawyer from the Law Office of Brian H. Turner, PC, you have far better chances of securing the compensation you deserve than you would have filing suit on your own.
Most of the time, holding another person financially accountable for causing personal injury requires proving that they directly caused that injury through their own negligence, in other words, through a specific reckless or careless act in violation of a duty of care they owe those around them. With dog bite claims, however, an injured person typically only has to prove that a particular person is the owner of the dog that bit them, or was otherwise responsible for controlling it under the circumstances, in order to hold them strictly liable for ensuing losses.
This strict liability applies to any bite incident that occurs while someone is in a public place or lawfully in a private area, and the owner’s knowledge or lack thereof that their dog had aggressive tendencies has no bearing on their civil liability for damages. However, as a Stockton dog bite injury attorney can further explain, dog owners may be able to contest their own strict liability for injuries if they can prove the injured person was trespassing or provoking their dog when it attacked them.
Another potential obstacle in the civil recovery process after a dog bite incident is the statute of limitations. This is the deadline set by state law, and more specifically by California Code of Civil Procedure § 335.1, on how long personal injury victims have to formally file suit after initially sustaining harm.
Most of the time, an injured person has a maximum of two years to sue over a dog bite injury, starting from the date on which the injury first occurred. However, there are certain circumstances under which the starting point for that two-year period can be pushed back, or tolled, for a period of time, for instance, if the injured person was under the age of 18 when they first suffered harm. A dog bite lawyer in Stockton can discuss what deadlines may apply to an injured person’s potential claim during a private initial consultation.
Holding a dog owner civilly liable for a bite injury is not as complex as some other types of civil claims, but this does not mean getting a good result from this type of case is easy. In fact, without guidance from seasoned legal counsel, you may end up missing out on much-needed compensation due to disputes with insurance companies, inconclusive medical exams, and any number of other legal or procedural snags.
A Stockton dog bite lawyer from the Law Office of Brian H. Turner, PC, can help address those issues and work tirelessly to get you the recovery you need. Call us today to set up a confidential meeting.