Domestic Animal Attack: Legal Remedies

A domestic animal attack, such as a dog bite, can be traumatic for a victim. A dog bite or attack by another domestic animal can cause serious injuries from puncture wounds and scratches to broken or fractured bones, permanent disfigurement or even death. You may have extensive medical bills, painful shots and treatment, and lifelong scarring from the domestic animal attack. So, who is responsible?

Domestic Animal Law

Each state imposes its own particular laws on those who have domestic animals. Primarily, domestic animal attacks relate to dog bite attacks and as such, each state has specific rules that address what happens when a dog bites. While each state has different language and different laws, the state rules for domestic animal attacks and dog bite laws can be grouped broadly into several groups:

  • Strict liability:

In strict liability states, if a dog bites, the owner is automatically liable for any damages that arise from the dog bite. You do not have to prove that the owner was negligent or that the owner knew or suspected the dog would bite in order to hold the owner liable. If you were bit on either public property or as an invited guest on the dog owner's property, then the owner can be strictly liable

  • "One Bite" rules:

Some states impose a less stringent standard on dog owners. Often called "one bite" rules, these laws mandate that an owner is responsible for any accidents or injuries that arise from his dog biting but only if he knew or had reason to know that the dog was or had the potential to be aggressive. In other words, the owner would not be strictly liable for the first dog bite, unless the victim of the bite could prove the owner should have known the bite was going to happen. With the second bite, the owner clearly should know that the dog has a propensity towards aggression and thus is usually liable.

  • Negligence Rules

Standard negligence rules can also apply to the owner of a domestic animal that attacks. The court can look at whether a reasonable person would have kept such an animal in their homes and/or whether a reasonable person would have known that the animal was likely to bite and cause injury. If a reasonable person would have shown more care or behaved differently, the animal owner can be liable for damages caused by the animal.

Getting Help

If you have suffered a domestic animal attack, you should consult with an experienced personal injury attorney as soon as possible. Your attorney can explain to you what the laws are in your state and what you have to do to recover your damage. He can also help you to build a case and collect he evidence you need to recover in court for a claim against the owner of the dangerous domestic animal.

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