Bog Bite Laws for Santa Clara County and the State of CaliforniaStatute of Limitations for Filing a Dog Bite Lawsuit: Generally victims of personal injury including dog attack have two years from the date of the injury to file a civil lawsuit. Individuals under the age of 18 have two years from the date of their 18th birthday to file a claim in the court of law. Claims against government entities must be filed within 6 months of the date of the injury. Establishing Liability – One Bite Rule: California Civil Code Section 3342 places strict liability on the owners of a dog when the victim is bitten on public property or is lawfully in a private properly. California Civil Code for dog bite liability states, “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.” City of San Jose Leash Laws: Numerous cities across California have passed leash law ordinances in order to protect their citizens from harm. The city of San Jose Section 7.40.040 Restraint of Dogs states: ” The dog owner/guardian or person with a right to control a dog must keep the dog under direct physical restraint by means of a leash not to exceed six (6) feet in length when the dog is on any public street, public sidewalk, other public place, event on public property, or at any private place or property or common area of any planned development cluster, townhouse, or on any condominium project without the consent of the owner or person in control thereof. Types of Damages Which Can be Recovered in a Dog Bite Lawsuit: Individuals who have suffered injuries due to the wrongful acts of other are entitled to compensation for all their losses including.
- All medical and health related costs including rehabilitation care
- Los wages and loss of future income
- Pain and suffering including emotional distress
- Emotional distress
- Punitive damages – where the owner of the dog displays an intent to cause harms or a reckless and wanton disregard for the life and health of the injured victim.