If you have suffered a dog bite in Rancho Cucamonga, there are options available to you. Keep reading to get answers to some of your most common questions. If you have additional questions, or require a free legal consultation, call Law Offices of Fernando D. Vargas at 909-982-0707.
Does homeowner’s insurance in California cover dog bites?
Dog bite injuries are covered by many homeowner’s and renter’s insurance plans. Canine bites are the most prevalent liability claim on homeowners and renters insurance plans, according to the Insurance Information Institute. However, some firms do not provide liability coverage for particular types of animals.
On their homeowner and renter insurance, not all insurers have breed limits. One of California’s top insurers, State Farm, for example, now offers homeowner’s and renter’s insurance without breed limitations as of 2017. However, with an average payment of over $40,000 per dog bite claim, owners should inquire about breed limits while looking for insurance.
The following breeds are frequently restricted:
- Pit bulls
- Staffordshire terriers
- Dobermans
- German Shepherds
- Chows
- Akitas
- Alaskan Malamutes
- Rottweilers
- Siberian Huskies
- Hybrid wolves
In California, how long do I have to sue for a dog bite?
In California, the statute of limitations (time limit) for filing a lawsuit is two years. The two-year term begins on the date the bite or attack occurs. A bite victim who does not file a lawsuit within the two-year term is normally barred from recovering damages — even if the victim was unable to identify the animal owner at that time but later is able to do so.
What if I was attacked but not bitten by a dog?
People who have been wounded by a dog but have not been bitten must typically prove that the owner was irresponsible. This entails demonstrating that the owner was aware – or should have been aware – that the dog was potentially harmful, and that the owner failed to take reasonable precautions to protect others.
However, under California’s “negligence per se” rule, if the owner or handler violates a state or municipal laws intended to protect public health and/or safety, he or she will be automatically declared negligent.
Can I sue if my dog is bitten by another dog?
Yes, but not according to California’s canine bite law. People’s injuries are covered by Civil Code 3342. In California, it is illegal to sue when a dog attacks another dog. Canines are considered personal property of their owners under California law, therefore when one is “damaged,” the typical cause of action is for property damage (or a more esoteric legal theory known as “trespass to chattels”).
The lesser of the following is the usual measure of damages recovered in a property damage lawsuit:
- The decrease in the market worth of the property
- Repair expenditures
If you have additional questions or request a consultation, contact Law Offices of Fernando D. Vargas at 909-982-0707.
