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 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.
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.
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 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.
Dog
Bite Injury Claim Where a Two-Year-Old is Attacked by a Rottweiler
- In this dog bite injury claim the plaintiff is seeking damages for
injuries sustained as a result of being bitten on the chin and throat
by a dog.
Dog
Bite Injury Lawyer Seeks Damages - In this court case the
plaintiff and her dog bite injury lawyer are seeking damages and the
defendants are unable to prove their dog was not vicious.
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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