Seeking Damages from Dog Bite Injuries | PersonalInjuryLawyer.com

According to the Insurance Information Institute, claims for dog bite injuries make up one-third of all homeowner claims. Some home insurers have lists of breeds that they will not insure or they may charge a higher premium for a specific type of dog. When seeking damages for your injuries, calculating the total amount of damages is not easy. It often requires putting a price on things that don’t have a monetary value, such as inconvenience and the inability to do things you enjoy. It is important to determine who is legally liable for the incident before trying to obtain damages.

Determining Liability

When determining liability for dog bite injuries, the geographic area where the attack occurred will play a significant part. Some states impose what is known as “strict liability” upon animal owners. This means that an owner can be held legally responsible, regardless of whether the owner did anything wrong with respect to protecting others from attack. There are a few exceptions to the liability of the owner if:

The victim was a trespasser
The victim was committing a felony
The victim provoked the dog
The victim was a veterinarian who was treating the dog at the time
The dog was assisting the police or the military at the time of the incident

Some states have a one-bite rule that says a dog owner cannot be held liable for dog bite injuries if they were caused by the dog’s first bite as long as the owner was not negligent in their duty to control the animal.

Types of Damages That Can be Recovered

A successful dog bite case requires that the plaintiff prove three things:

That the defendant was the owner of the dog in question;
That the plaintiff was on or in a public place or lawfully on or in a private place, including the property of the defendant, and;
That the dog did bite the plaintiff while in such a place

Once liability has been proven, the victim has the right to recover compensation for the following damages:

Medical expenses such as first aid, emergency room treatment, hospitalization, ambulance fees
Future medical treatment for disfigurement or scarring
Psychological counseling to overcome the emotional trauma of the attack
Loss of wages from not being able to work
Personal property damage
Medications
Pain, suffering and the loss of the ability to enjoy life

In certain cases, a victim may be able to seek punitive damages if the owner acted despicably or maliciously in handling their dog. Punitive damages can be awarded as a way to punish the defendant for their egregious behavior. Some statutes allow an injured person to collect double or triple damages if the dog has bitten someone before or has been labeled “dangerous” under local or state law due to prior bad behavior.

How a Lawyer Can Help

If an animal has bitten you, you may be entitled to recover damages as a result of this injury. Determining your legal rights can be complicated and it may require the help of a legal expert. To ensure that you obtain the compensation you are entitled to, you should contact a personal injury attorney for advice.

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