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The majority of states apply strict liability for all types of injury or property damage while others limit it to only dog bites (about eight states only cover dog bites). For example, is a business owner liable if a customers dog bites another customer? (Full Guide) For Newbie, Will Lime Hurt Dogs? For example, if someone knows that their Pit Bull is aggressive towards strangers and that the child next door often cuts through the backyard to get to a friends house, the owner of the dog should take precautionary measures to prevent a possible accident. Most policies have some form of coverage available in the event you are sued due to an animal bite on your property. Even if you were watching someone elses dog, you could still be held liable. The victim does not need to prove the dog had a history of biting people, or the dog owner should have known the dog was vicious to recover damages. All of this medical treatment is expensive, and the victims medical bills can mount up very quickly in the weeks and months following the dog attack incident. Further, in the case of reasonable care, the liability of a dog owner is not reliant on the knowledge of the dogs dangerous propensities. When that happens, it will help you to enlist the advice and representation of a personal injury lawyer who defends homeowners and dogs. This can impact the way a case is handled in the legal system. Even today, they continue to be loyal to this companionship. Its vital to talk to your lawyer about the injuries you sustained from a dog attack. According to pethelpful.com, the number of dog bites in the U.S. alone is in millions; dogs attack around 4.5 million people each year. In other words, a dog owner may be prosecuted if the pet attacks someone on an owned property, including the pub area and backyard. If your dog knocks someone over and causes injury to them, you are legally responsible for the injury. Typically, the period of quarantine depends on how long the officials take to investigate. Someinsurance companiesmay try to negotiate with you and provide you with a settlement amount. Dog bites can be a serious problem. Related Topic: 6 (Easy) Ways On How To Remove Stains From White Dog Fur. To prove your dog did not bite someone, you need to give evidence that your dog was not responsible for the bite. If your dog happens to bite someone in a public place or while someone is lawfully on private property, then you can be sued for the attack. Additionally, pet owners may wish to use leashes and/or muzzles, which may sometimes be required by local law as to dangerous animals. We enlisted some scenarios below. Californias strict liability dog bite law applies to the owner, possessor or harborer of any dog. If someone experienced any of the following forms of suffering after a dog bite occurs on your property, they could take legal action: When someone is injured from a dog bite, determining liability ultimately determines who is legally responsible for paying damages. Keep copies of all medical bills, invoices, and receipts for expenses related to the dog bite. You are negligent if: Depending on how the incident took place, your dog could be at risk. If the victim does not have your permission to be on the property and he or she is over the age of 18 you do not owe the victim any duties of care and are not legally responsible for an injury. Facing potential legal issues is undoubtedly a stressful time in your life. Provocation: If the victim provoked the dog, the owner probably bears no liability. To date, the Dixon Injury Firm has recovered over $50,000,000 in settlements for personal injury victims, and the National Trial Lawyers Association has recognized Chris Dixon as a Top 100 Trial Lawyer. Unfortunately, the law does not require a dog bite mark to prove a dog attack. For the bite, you must properly rinse the wound with water and apply antibacterial medication. Trauma. Here, negligence refers to the sensibleness of an individuals actions as per the encountered circumstances. It is the responsibility of a dog owner to control their dog, including confining and restraining them. In states following the strict liability statute for dog bites, such as Utah, dog owners are strictly liable for any injuries a victim sustained from a dog attack. If a canine bit someone on your property, you may need to fight a lawsuit. If a dog bites someone on your property, you may be liable for the dog bite injury as the owner of the dog or under a theory of premises liability. Dog bites can cause severe injuries. In most cases, absolutely nothing happens to the dog except that it might be quarantined for a few days Name If someone elses dog bites a trespasser on your property, only the dog owner can be held liable for the incident. The dog attack victim must establish all of the legal elements of a negligence case by a preponderance of the evidence (that is, by showing that each legal element is more likely true than not true). The journal Heliyon published a study that says hundreds of thousands of annual emergency room visits in the United States are due to dog bites, and the American Veterinary Medical Association (AVMA) estimates more than 4.5 million dog bites occur each year. The immediate steps that you take may change the legal consequences. A dog bite left untreated for any length of time can cause a disability or life-threatening infection. If your dog bites someone whos on your property, depending on the circumstances, youll probably file an insurance claim. against the negligent pet owner. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow If the case does go to court, a jury will decide all of the open issues in the case, including damages. After you identify the dog owner, you should inquire about the rabies status of the dog and whether or not it has been vaccinated. The first thing you will need to do is request medical assistance and help the victim with their injuries. In cases where a dog attack victim had to undergo medical treatment, they might recover medical expenses related to the incident. For the bite, you must properly rinse the wound with water and apply antibacterial medication. You can avoid some or all of these unwanted consequences by taking the following steps. Dog bite laws vary by location. WebMost states limit strict liability to dogs, but Alabama, Georgia, Hawaii, and Illinois extend liability to other animals. Most insurance policies have coverage for medical expenses for injuries that took place on your property. Additionally, proving that a person was on your property without your knowledge or permission will also mitigate your responsibility in any dog bite incidents. Ultimately, if you have neither of these, you can be heldpersonally liableif you lose a lawsuit against an injured party. Get Answers From An Experienced Attorney. Call Today for a Free Consultation 314-208-2808. In some instances, the dog will knock the victim to the ground causing other injuries, including a head injury, broken bones, or a soft tissue sprain/strain. The only exception here is when a dog bites someone, such as a burglar, who enters your home illegally. What happens if adog bitessomeone on your property? If the victim does not have your permission to be on the property and he or When you choose the Dixon Injury Firm for your dog bite case, you can feel confident that a leading personal injury firm represents you. Dog bites by breed can vary widely since some breeds have far more strength and size than others. That being said, certain breeds are statistically more likely to be involved in attacks than others. The dog attack victim can also claim inconvenience, pain and suffering, emotional trauma, loss of the ability to use a body part, and loss of enjoyment of life because of the dog attack injuries. It is law enforcement who will decide whether the dog must be removed from the possession of the owner if the dog is causing a serious threat to the public. If the dog that bit the victim was a stray, you may be liable under the rules of premises liability. Dog bite claims are very common, and your carrier probably handles these injuries all the time. An example here is a dog owner releasing a dangerous dog to run loose on the property after suspecting that a trespasser has entered the land. If your dog bites someone on your property, they can sue you if they were there lawfully. No protection if you knew before the first bite that your dog exhibited dangerous propensities or must have known it, or your dog is habituated to act aggressively and hurt someone, No protection if you are found guilty of violating some law or were careless with regards to the dog bite, such as not fence or keeping the gate open, Someone or the victim who incited your pet to attack by abusing or hurting, Trespassers or people who have come without your permission. Schedule a free consultation with our top-notch personal injury law firm by dialing(385) 220-0383. It is highly recommended to study the dogs body language to know whether your pet is uncomfortable or not in specific situations at home, such as children visiting you or a delivery boy knocking the door. You may have to pay For example, if the victim provokes or antagonizes the dog, the victim could be partially to blame for the cause of the dog bite. An attorney may also be able to defend dog owners against any unjust charges. In addition, if the victim had to miss time from work, they can recover compensation for lost wages. Most dogs kept as pets will not intend to seriously injur or kill a human, but any dog can if provoked. You may find it shocking to know that the law in a minority of states actually allows trespassers who are bitten by your dog on your property to bring a lawsuit, but this is only true if an animal owner has acted unreasonably under the circumstances or created anattractive nuisancethat has resulted in harm to children. Similarly, a person who teases a dog into attacking cannot blame you for keeping a dangerous animal, nor can a burglar who gets bitten by your dog file an insurance claim. Homeowners insurance policies cover the policyholders property, which includes dogs by legal definition. Taking pictures throughout your recovery can help prove the extent of the injury. As mentioned in the previous section, a dog bite mark is not required to prove a dog attack. If you are facing a legal dispute over a dog bite injury that happened on your property, the Law Offices of Anidjar & Levine is available to help you organize your defense. Schedule a Free Consultation Now By Contacting Our Team at. According to Pennsylvania law, if your dog has a history of biting people, it is considered dangerous. Copyright 2023 Anidjar & Levine. Economic damages: This form of compensation covers any objective or apparent injuries. In dog bite cases the victim has the legal burden of proof. Please try again. North County San Diego Personal Injury Resources, Vehicle and Driver Requirements for Uber and Lyft, Nine Factors That Determine How Much To Expect From a Car Accident Settlement in California, Nine Things You Should Know About a Free Personal Injury Lawyer Consultation. This is because dog bites are considered to be a public health hazard, and the information that is gathered from reports of dog bites can be used to help prevent future dog bites from occurring. For example, if the dog attack victim suffers a deep bite wound, they might need to go to the hospital or urgent care center to get stitches. This means that the homeowners insurance company will pay for injuries and property damage caused by the policyholders dog, whether the incident occurred on the persons property or not. For example, suppose a jury decides that a dog bite victim is 50% at fault for the cause of the dog bite because they provoked the dog. Heres What You Need To Know. If the jury awarded $200,000 in damages, the victim would receive $100,000. This means that even if the attacking dog is not known to be vicious, the dog owner can still be held liable for the attacks. Thus, it is crucial for all dog owners to comprehend the dog bite laws of the place where they reside. 2023 by Rose, Klein & Marias LLP.. All rights reserved. What Happens If a Dog Bites Someone on Your Property? Other bacterial or viral infections. If a dog bite took place on your property and you find yourself in a legal battle to determine liability, it could be a good idea to consult a legal professional about your cases details. *Amazon and the Amazon logo are trademarks of Amazon.com, Inc., or its affiliates. The dog bite victim or the courts may work with you to create a payment plan if you cannot afford a lump sum, depending on the circumstances. Slow the bleeding with a clean cloth. However, this does not mean that you cannot defend your side. Did you know that you could encounter a personal injury lawsuit by the victim? Dog owners have a Sometimes, the victim of a dog attack will write out a statement that describes the effects that the injuries had on their life, including the inability to perform certain activities since the time of the incident. WebWhat to do after a dog bites someone? If the defendant could provide evidence that the dog was teased, attacked, or tempted to attack, the court can let them off the hook. When a dog attacks or bites a person on someone elses land, then, the property owners homeowner insurance policy may come into play. In other words, the dog owners or the property occupiers must ensure relatively safe surroundings for all people. As the dogs owner, you must be prepared to take accountability for your canines actions. If you are found to be at fault, you could be required to pay various damages for the partys suffering. We want to put our knowledge, experience, and resources to work for you. 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