Dog Attacks and Lawsuit Case Examples...
Dog attacks by domestic pets happen to millions of people every year.
Dog bite claims rose to nearly a million cases nationwide in 2007.
Many
result in lawsuits
seeking payment of medical bills, loss of income,
pain and suffering and emotional harm.
There is no nationwide law for dog
bite
cases.
This sometimes leads to confusion as there can be
multiple
competing layers of ordinances.
The first step is to look for the laws
covering your local community at the state, county and city level.
These often determine who is and isn't liable for dog attacks.
There is always
a case to be
made if a dog owner violates confinement laws or knowingly harbors a
dangerous animal.
In a dog attack case, the burden of liability
must
be proven. This starts with the victim identifying the dog that bit
them and the dog's owner or responsible party. Most cities and counties
require dogs to have some sort of identification on them, including the
owner's contact information.
Always
go to a doctor in the case of a dog bite.
There is risk of infection, disease, and even death from
untreated animal bites. Have the doctor take photos of the injured area
for evidence.
If possible, you should also take photographs of
the dog in question and the scene of the incident. Report the incident,
its location, and the dog to local animal control. Also get the names
and contact information of any witnesses.
Most dog bite lawsuits are settled by insurance
companies out of court (these cases are often handled through the dog
owner's homeowners insurance policy). If you do need to file suit, finding
an attorney with a track record in dog attack cases can
significantly help, even if the case never makes it to court.
If
the case does go to court, you must
prove the owner knew about the dog's aggressive tendencies
(though
the required proof can vary from state to state).
Some states maintain a dog's owner has strict
liability. This means the owner is liable for any attack regardless of
whether or not the owner knew the dog was dangerous. In states without
this standard, it has to be proven that the owner knew the dog was
dangerous.
It is also possible for a valid defense of the
owner to lie in contributory negligence.
A person who climbs over the
fence into a dog pen and gets bitten is assumed to have contributed to
the incident and may have partial (or even full) liability for their
own injury if the dog attacks. Provocation of the animal can also a
complicating factor.
Dog Attack Case Studies:
Postman Dog Attack Victim
- This case deals with legal issues involved in dog attack and dog bite
cases. Some states view these cases as strict liability and some have
the "one bite rule." If there is no actual bite but someone is injured,
it can be viewed as a negligence case.
Dog Bite Insurance Claim
- In this case a pitbull attacks a jogger in a public park. The dog
owner did not have a dog bite insurance policy and paid the settlement
out of his savings. Unfortunately for him he did not know he could
negotiate the settlement amount.
Wild Animal Attacks Zoo
Patrons
- Attacks involving wild animals are held to a different standard of
liability than those involving domesticated animals such as dogs and
cats. Here we present a case where a zoo failed to properly secure a
leopard which results in several injuries.
Read the following real life case
examples to
better understand the legalities of dog attacks:
Dog
Bite Case Where Plaintiff Sustains Multiple Facial Wounds -
In this dog bite case the plaintiff attempts to collect damages for
severe facial wounds and puncture wounds as the
result of an unexpected dog bite at a cafe.
Dog
Bite Claim Where a Dog Bit a Woman at an Adoption Center
-In this dog bite claim, the plaintiff seeks damages for serious
injuries after a dog she had considered adopting attacked her. No prior
history of aggressive behavior was not a valid defense in this case.
Dog
Bite Injury Claim Where a Boy is Attacked by a Rottweiler
- In this dog bite injury claim the plaintiff is seeking damages for
injuries sustained after being attacked by a neighbor's Rottweiler.
Dog
Bite Injury Lawyer Seeks Damages
- In this court case the
plaintiff and her dog bite injury lawyer are seeking damages for
serious bodily injury after she was attacked by her employer's guard
dog.
Dog
Bite Settlement Case Dealing with the Defendant's Homeowners Insurance
Policy
- In this dog bite settlement case the plaintiff is
seeking damages for being bitten while at the home of a friend. There
is a dispute regarding the contingency fee agreement between the
plaintiff and her attorney.
Return
from Dog Attacks to the Personal Injury
Settlement Guide
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