Dog Attacks and Lawsuits

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 case 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.

In broad strokes, 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 always a 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, it's important to prove the owner knew about the dog's aggressive tendencies, although this 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 is also a complicating factor.

Read the following 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 losing his upper lip, severe facial wounds and puncture wounds as the result of an unexpected dog bite.

Dog Bite Lawsuit Where the Dog Had a History of Aggressive Behavior - In this dog bite lawsuit the plaintiff is asking for punitive damages alleging the dog's owners knew their dog was vicious, as it had previously bitten other people.

Dog Bite Claim Where a Dog Bit a Woman on the Thigh Causing Her To Fall - In this dog bite claim, the plaintiff alleges a dog she was considering for adoption bit her coat and thigh causing her to fall.

Plaintiff Acting Under Dog Bite Law to Recover Damages After Being Attacked - In this dog bite law case the plaintiff is seeking damages after she was bitten by a vicious dog at her mother's home.

Bike Accident Caused by An Unleashed Dog - In this bike accident case the plaintiff attempts to recover damages for injuries caused by falling off his bike due to a dog running in front of him.

Dog Bite Injury Lawsuit Seeking Damages After a Child is Bitten Inside a Toy Store - In this dog bite injury case the plaintiff seeks damages for a dog bite injury to his daughter while she was in a toy store. The dog had no prior vicious propensities.

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 friends. The dog owners' insurance company is attempting to rescind their policy.



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