When should I file a lawsuit against a dog owner?


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Question:

When should I file a lawsuit against a dog owner?

Answer:

After a dog bite attack, whether on a human, pet, or livestock, a common question asked of personal injury lawyers is whether the victim has the legal right “to file lawsuit against a dog owner?” The answer to this question is complex, but in any case involving a dog attack causing bodily injury or property damage (damages to pets or livestock), the victim should consult with a personal injury lawyer about the possible legal options in light of the specific events surrounding their case. For example:

  • Dog bite cases are often subject to a growing trend of dog bite laws in local and state jurisdictions. These laws, often enacted in light of dog bite attacks, regulate when and how a dog owner may not only be civilly liable for damages caused by their dog, but also, when and where criminal charges may be applicable as well.
  • Second, the negligence laws of a given state will also influence whether a dog bite victim can sue the owner of an animal involved in an attack. These cases can become highly complicated, as state negligence laws will either bar or diminish recovery in light of contributory negligence.
  • Third, the amount of damages present may present a cost-based decision on whether litigation is worth the value of potential recovery, especially in light of relatively minor dog bite attacks. However, as commonly seen in dog bite cases, litigation in the hopes of obtaining an injunction may be the only means of forcing a dog owner to control a known aggressive and dangerous animal.

In practice, if a dog bite attack results in bodily injury to yourself, spouse, or dependants, you should consult with a personal injury lawyer about filing a lawsuit against a dog owner. Furthermore, if a dog bite attack results in serious property damage, such as injuries or death of pets or livestock, it will also be wise to consult with a personal injury lawyer as well.

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