Available 24/7
Being bitten by a dog can be a painful and frustrating experience. Not only will you need to obtain immediate medical care, but there may also be uncertainty as to whether the dog is completely up to date on its vaccinations.
You may fear that more extensive medical care is needed, depending on the dog and its own medical issues. A Chula Vista dog bite lawyer can present you with legal information and help you decide how you want to proceed with your situation. Contact a skilled personal injury attorney in Chula Vista today to begin your case.
Chula Vista Regulations for Dog Bites
Individuals who have been bitten by a dog should call animal emergency services right away and provide the following information:
- The owner’s name
- Where they were bitten
- The animal’s name
- Where the animal lives
- A description of the dog
- What time they were bitten
California Dog Bite Laws
Under the law, a dog owner is responsible for any bites their pet causes. The owner is liable when a person was injured by a dog bite and the incident happened in a public place or a private place where they had a lawful reason to be. The distinction between public and private places is made because trespassers are not protected by dog bites.
This law does not apply to government officials using a dog in their official capacity. For example, this does not apply to police dogs used:
- In capturing or holding someone suspected of criminal activity
- Executing a warrant
- Defending an officer or another person
- Investigating a crime or potential crime
There is a separate law that applies if the dog has bitten someone else on at least two separate occasions. This means that the dog has a propensity to be violent and the owner has to take extra precautions to secure it in a way that it will not attack anyone.
In this type of situation, the court may decide it may be best to either remove the dog or have it put to sleep. While this is more of a criminal punishment, it may help a person’s civil case because they can show that this was an event that has occurred in the past, and therefore the owner is even more liable for the injuries.
Both of these laws are strict liability laws. This means that the court is not looking at whether the owner was negligent by not preventing the dog bite. Instead, simply the act of biting another person makes the owner liable for the injuries that occur.
It’s free to speak with us and learn the value of your case today.
Call Us Now
Statute of Limitations for Dog Bites
Injured individuals should be aware that there is a strict deadline to bring a case involving a dog bite to court. Under the law, a person has two years from the date of the incident to bring a lawsuit to court. Waiting longer than this may mean an injured individual loses the chance to get compensation for their injuries.
It is always better to start a claim sooner than later. This way, an injured individual can receive financial help while going through any necessary medical treatment. Also, the memory of the incident will remain fresh so an individual can better present their case.
Talk to a Chula Vista Dog Bite Attorney Today
By meeting with a lawyer, you can get a better understanding the laws regarding dog bites. Your Chula Vista dog bite lawyer may also be able to provide you with alternative suggestions that you prefer to litigation. For example, you may want to avoid a long court battle and instead settle with the other person.
Chula Vista Dog Bite FAQs
Does an unleashed dog strengthen my bite claim in Chula Vista?
Yes. Chula Vista’s leash laws require dogs to be restrained in public areas. If the owner violated this law at the time of the bite, it can support a negligence claim in addition to California’s strict liability law, potentially strengthening your case and increasing your compensation.
Does California’s strict liability dog bite law apply if I was bitten at Montevalle Park, Chula Vista’s popular off-leash dog area?
Yes. California’s strict liability dog bite law applies at Montevalle Park, even in the off-leash area. Being in a designated off-leash zone does not waive your right to compensation. The dog owner remains liable for any bite injuries that occur there, regardless of posted park rules.
Can I file a claim if I was knocked down and injured by a dog in Chula Vista but the dog did not actually bite me?
Yes, but the legal theory differs. California’s strict liability dog bite statute only applies to actual bites. If a dog knocked you down in Chula Vista without biting, you would pursue a negligence claim instead, proving the owner failed to control their dog. Compensation may still be recoverable.
How long does a dog bite settlement typically take to resolve in Chula Vista?
Dog bite settlements in Chula Vista typically take anywhere from a few months to over a year to resolve. Factors like injury severity, scarring, infection complications, disputed liability, and insurer cooperation all affect the timeline. Cases involving serious injuries or uncooperative insurers are more likely to proceed to litigation.
