Many individuals keep dogs for a variety of reasons. Dogs are kept as pets, companions, or for health and security reasons. Regardless, if you’ve been bitten by a dog on the dog owner’s property, consider contacting a dog bite lawyer. If you are unsure what your dog bite rights are and are considering filing a lawsuit, they may be able to help.
Dog Bite Liability
Dog owners can be held responsible when their pets harm others. If you’re bit by a dog on someone else’s property, you may sue the owner to seek compensation for damages. However, proving this may be difficult. Many dog owners fight back by arguing the following:
- The dog was provoked
- The alleged victim was trespassing or breaking the law at the time of the injury
- The alleged victim voluntarily risked getting hurt by the dog
- The alleged victim was acting carelessly with the dog
One-bite Rule
The “one bite rule” is a legal principle that makes owners liable if they knew their dogs have bitten people in the past. However, dog-bite laws in most states won’t apply when the injured person provoked the dog or was trespassing.
Strict Liability
The “strict liability” dog-bite laws in most states take effect even if dog owners didn’t know the dog could be dangerous. Many laws make negligent dog owners liable when they are unreasonably careless when controlling their animals.
Some dog bite or dog harm statutes make victims prove they weren’t at fault before they have legal access to damages for their injuries. It’s important to know your rights and responsibilities following a dog-bite accident. Dog bites happen more often than you may think.
Dog Bite Data
Dog bites can lead to serious injury and may be fatal in some cases. The American Veterinary Medical Association states that more than 4.5 million dog bites occur each year. 885,000 of those dog bites require medical attention, and 316,000 dog bites every year result in visits to the emergency room. State Farm claims that insurers spend about $853 million on dog bite claims inAmerica each year.
Provoking a Dog Bite
If a person is injured in a dog attack because they provoked the dog, then they may not have access to a lawsuit. Courts might relieve owners of liability even when victims unintentionally provoke dogs by accidentally stepping on them, petting strange animals when they’re eating or chained up, intervening in a dog fight, or when spraying repellent on a dog in self-defense.
Understanding the Risk of Injury With Dogs
Dog owners can avoid liability by proving that the injured person knew there was a risk of injury from the dog. If the person understood the dog poses a risk but voluntarily took that risk anyway, then they can be responsible for their injuries if attacked. Dog owners have avoided responsibility by posting “Beware of Dog” signs.
Veterinarians and other animal workers like vets’ assistants, groomers, pet sitters, and kennel operators take the risk of dog bites and other injuries as part of the job. Courts don’t all agree on whether dog owners can use the assumption-of-risk defense. That’s why it’s important to speak with a dog bite law specialist in your state when you have legal concerns.
Dog Bites and Trespassing
In many states, dog owners aren’t liable when their dogs injure trespassers. The rules vary depending on the state, but many states’ dog bite laws don’t apply if the injured person was trespassing or wasn’t lawfully on the property.
The statutes on what is and isn’t trespassing vary by state. A trespasser can be loosely defined as someone who wasn’t invited to the property or doesn’t have a good reason to be there.
Also, the dog-bite statutes don’t apply when the victims were committing a crime in many states. However, the severity of the crimes differs from state to state. That’s why experienced personal injury and dog bite law professionals are available to assist those in need of legal guidance.
Dog Bite Injuries While Acting Carelessly
Each state has its unique ways of dealing with liability when dog-bite victims’ carelessness contributes to their injuries. In many states, comparative negligence statutes provide victims with less compensation when they share in the blame.
Dog Bite Attorneys Can Help
An attorney experienced in dog bites can explain the defenses available in your situation and help protect your rights. If you’ve been hurt by someone else’s dog and are thinking of suing the owner, a lawyer can help you prepare any arguments and find the responsible party.