Dog bites and severe dog attacks are a serious concern facing residents of Kern County California. Dog bite can be devastating experiences resulting in serious injuries, permanent disabilities, psychological trauma and lost time at work. Our personal injury attorneys have compiled an informative list of some of the most important laws for individuals who seek legal justice for their injuries.
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California One Bite Rule: Under California Code section 3342 strict liability is placed on owners of dogs where, “The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”
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Time Period to File a Dog Bite Lawsuit: In the State of California personal injury lawsuits against a liable party must be filed in the court of law within 2 years from the date of the injury. Failure to file a claim within the statutorily allotted time period shall eliminate your right to recovery vial legal means.
- Children Bitten or Attacked: In California minors, individuals under the age of 18, have two years from the date of their 18th birthday to file a claim in court.
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Kern County Leash Laws: It is unlawful for the owner of any dog to allow it to be on the private property of another person or on public property without the consent of the person owning, occupying or controlling the property. Animals on the property of another person with the consent of the person in charge of the property shall be under such restraint as is necessary to protect persons and other animals from injury and to protect the property from damage. In particular, dogs shall be restrained by a leash and under the immediate control of the handler or confined within an enclosed pen when on public property, unless the officer in charge of the property has consented to the owner exercising another form of restraint. More on Kern County Animal Control Laws here.. California Wrongful Death Laws: Unfortunately many dog attack result in fatalities. Under California civil laws certain relatives of loved ones are entitled to file wrongful death claims against at fault parties. More on CA Wrongful death laws here. Personal Injury Laws – Type of Compensation Available: Victims of dog bites have the right to pursue several types of damages claims against at fault parties including- Recovery for all medical and hospitalization costs
- Cost of future rehabilitation care and medical expenses]
- Lost wages and or loss of future income
- Pain and Suffering
- Emotional Trauma including PTSD
- Punitive Damages – possible when the at fault party (dog owner) displays a reckless or wanton disregard for the health and safety of others.