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When can your California dog bite claim be denied?

On Behalf of | Jul 20, 2022 | Animal Bite Law

People own dogs for a variety of reasons. And owning a dog also comes with its share of responsibilities. Besides caring for the animal, California laws also require dog owners to keep their animals from causing property damage or injuries to people.

If you are attacked by another person’s dog, you may be eligible for compensation through a premises liability lawsuit. And since California is a strict liability state, you do not need to prove that the dog owner was negligent to win your claim. However, not all dog bite cases lead to compensation.

Here are instances when your California premises liability claim as pertains to a dog bite may be denied.

You were trespassing

California’s strict liability statute only applies if the dog attacks you on a public facility or if you were lawfully on the defendant’s property. The dog owner may deny liability if you were attacked while unlawfully trespassing into their property.

There was no bite

There has to be an actual bite for California’s strict liability law to apply. The skin does not have to be lacerated, but there has to be evidence of injury nonetheless.

But what if you are knocked down by the dog, with no bite or other injuries? Well, in this case, you may pursue a scienter claim rather than a premises liability claim against the dog owner.

You did not file your claim in time

It is important that you file your premises liability lawsuit within the stipulated statute of limitations period. In California, the statute of limitations for a premises liability lawsuit is two years. You risk losing the right to compensation if fail to file your claim within two years.

A dog attack can leave you hurt and traumatized. Knowing your legal options can help you protect your rights while pursuing your premises liability lawsuit in California.