Determining If You Have a Dog Bite Lawsuit

Dog bite lawsuits are becoming more prevalent due to the increased number of dogs in the United States and the number of people who are seriously injured each year. It is estimated that one in five dog bites results in injuries requiring medical attention. Children are more likely to be the victim of an attack and a lot of these are preventable.

Determining Liability

Although state laws regarding dog bites vary, pet owners are usually considered legally responsible for their dog’s behavior. In most dog bite lawsuits, the owner may be liable in compensating the victim for all medical bills as well as lost wages resulting from the attack. In general, there are three ways that a dog owner can be held liable for injuries, which are:

Strict Liability or Dog Bite Statutes—Strict liability is where the owner knew or should have known of the animal’s propensity to cause harm to humans. If the dog has previously bitten someone or exhibited violent and aggressive behavior, the owner may be held liable.

Negligence—A dog owner who is negligent in handling their dog or fails to restrain their dog when it would reasonably be expected that injury could occur.

One-Bite Rule—This rule comes into play only if the state has no dog bite statute or if the statute does not apply. An owner may not be held liable the first time their dog bites another person. However, if the owner knew the dog was likely to cause that type of injury and the victim can prove that the owner knew the dog was dangerous, the owner may be responsible for the incident.

Do I Have a Case?

Many people wonder if they have a good case in order to file a dog bite lawsuit. If the dog bite is serious enough to cause injury, mental aggravation, and hospital bills, the victim may have a strong case against the dog owner. If the victim does not have serious or permanent injuries, filing a personal injury lawsuit may not be worth their time. In order to be successful in a dog bite lawsuit, the plaintiff must establish the following:

The identity of the person who was in control of the dog at the time of the attack
That the victim was actually bitten or injured by the dog
That the victim was in a public place or lawfully on private property
That the bite caused injury, suffering loss or harm

There are several elements that will help determine if you have a strong case:

There is clear liability on the part of the owner, or the individual that was in control of the dog when the incident occurred.
There is no valid defense for the attack, such as the dog was provoked, or the person trespassed on private property.
The victim has sustained significant damages or the injuries are severe.
There is evidence, such as witnesses, that will help you prove your case.
The person responsible for the incident has the monetary means to settle the case and is not an uninsured person with few financial resources.

How a Lawyer Can Help

If you are the innocent victim of an attack, you may be able to seek compensation for your injuries. The amount of compensation you are entitled to receive will depend upon a variety a factors such as how seriously you were injured, if the injuries resulted in lost income, or if there was permanent disfigurement or damage done. You should contact an experienced personal injury attorney who can review the facts of your specific case.

Have a Personal Injury Case?