People who own dogs really care about their pets because they give lots of love and friendship. However, they don’t like it when their dog hurts someone and causes serious injuries. These injuries can be harm to things or harm to people’s bodies. If your dog bites someone or if a dog has bitten you, you might have to find a dog bite attorney who knows about dog bites to help you.
Laws about dog bites are different in each state, so it’s important to choose a local personal injury lawyer who knows about personal injuries and has worked on dog bite cases before. These personal injury attorneys can look at your situation and decide if:
- You can ask for money from someone else because of what happened.
- You are responsible for what your dog did.
- Your dog is considered dangerous.
- There are no legal reasons why you should not be held responsible.
- Your insurance for your home will pay for any money you have to pay.
- There will be no legal or financial problems because of this.
What Can I Do if I’m Injured by a Dog?
If an animal belonging to someone else attacks you, there are a few things you can do. You or someone you care about should tell animal control about the attack and get medical help. It’s important to get the phone number and contact details of the dog’s owner and any people who saw what happened. It’s also important to fill out a report about the dog bite.
Afterward, you can try to get money by making a personal injury claim. This means you can ask for money to cover things like medical bills and any harm to your appearance caused by the dog attack. You would do this by making a claim with the insurance company of the person who owns the dog. Usually, homeowners insurance policies will pay for the first dog bite claim that happens on the owner’s property (this is called the “one-bite rule”). Some policies will also pay for claims if the dog bites someone off the property. In those cases, the insurance company will help if the person who owns the dog lives or takes care of the dog on the insured property.
Having a dog bite attorney who specializes in dog bite cases can be really helpful. They can talk to the insurance company for you and give you advice about the law. They use what they know and what they have learned from other cases to make sure you get treated fairly and get the right amount of money based on how bad your injuries are. The money you can get includes paying for your medical bills, the wages you lost because of the injury, and the emotional pain you went through. On average, severe dog bite cases can get around $40,000, but it depends on the details of your case and the laws in your state. Some courts use the Dunbar Dog Bite Scale, which rates dog bites from 1 to 6 to show how bad they are. Dog bite lawyers often have a chance to look at your case for free. They have an important role in these lawsuits because they know the laws in your state, how to figure out how much money you should get, the time limit to file a lawsuit, and how to show the evidence to a jury.
In addition, you have the option to take legal action against the owner of the dog or even the landlord for compensation. In certain states, the laws about dog bites may let you sue for other kinds of dog-related injuries, such as cuts that were not caused by a bite.
Proving Liability in a Dog Bite Case
Whether you can make someone responsible for your dog bite injuries depends on the laws of the state where it happened and the details of your situation. In some states, there is a rule called the “one-bite” rule that says the owner is only responsible if their dog has bitten someone before. But there are exceptions to this rule. If the owner knew or should have known that their dog could be dangerous and they didn’t do anything to prevent it, then they can be held responsible for the injuries caused by the dog’s bite.
In around half of the states, there are laws that make dog owners fully responsible for the harm caused by their dogs. This means that the person who got hurt only needs to prove that the dog caused their injury. However, the person who was bitten must have had a legal right to be in that place and not have been trespassing. In these states, it doesn’t matter if the owner took any precautions to prevent the dog from biting.
In states without specific laws about dog bites, they use a common law rule based on negligence. This means that the owner needs to act responsibly and take proper care of their pet. There are different laws about dog bites and negligence, but generally, an owner has a responsibility to keep others safe from harm caused by their dog. This applies to guests, workers who are on the owner’s property, and people in public places. Owners also need to follow local rules about leashing their dogs and other laws that make them responsible for any harm caused by their dog. In some states, owners of particularly dangerous animals or specific breeds of dogs may have to take extra precautions.
In some cases, someone other than the dog owner may be held responsible for a dog bite incident. These other people who can be held responsible include:
- The parents of a minor who owns the dog.
- People who take care of animals, like dog sitters or kennel staff.
- Owners of the property where the dog bite happened.
- The landlords who are responsible for the property.
Potential Defenses in a Dog Bite Case
The ways that someone may try to protect themselves in a dog bite case will be different depending on the laws of your state. The lawyer on the other side might make certain arguments to defend their client. Here are some common arguments they might use:
- Trespassing: There are some legal protections for trespassers. The laws about dog bites in your state might require the person who got bitten to prove that they had permission to be in the place where the bite happened. If they were trespassing, they might not be able to get compensation for their injuries.
- Provocation: Another common defense is if the injured person provoked the dog before the attack. In some states, if a person teases, corners, or hits a dog, the owner might not have to pay for the damages in a dog bite lawsuit.
- Comparative Negligence: There are also cases where the dog owner may argue that you are partially responsible for your own injuries. This is called “comparative negligence” or “assumption of risk.” For example, if the owner gave you warnings about their dog, but you ignored those warnings, the amount of money you can get for your medical care and injuries might be reduced or denied.
A dog bite attorney who has a lot of experience with dog bite cases will be familiar with the arguments that the other lawyer might use against you. Lawyers who have worked on many personal injury cases will have the best understanding of how to fight against those defenses.
Contact a Dog Bite Attorney
Whether you are taking legal action for a dog bite or defending yourself from a dog bite lawsuit, the outcomes can have a big impact. The amount of money you might get from a successful lawsuit can vary depending on where the incident happened or where you live. It can cover things like paying for medical bills, compensation for the loss of a loved one, lost income, the emotional pain of losing companionship, physical and emotional suffering, and sometimes even extra money as a punishment for the responsible party. Understanding the laws, the types of compensation you can ask for, and the defenses that can be used can be challenging. If you are involved in a lawsuit because of injuries caused by a dog, it’s important to reach out to an experienced dog bite attorney in your area as soon as possible.