Having a dog means you’ll get to experience many dog fights. Dogs are territorial creatures and often get into fierce fights, which can be quite dangerous. Most of the time dog owners consider it as just an unfortunate event and overlook it. But if you think that the attack happened due to the negligence of the owner and they owe you compensation, you can sue for it. If you are wondering, “Can you sue someone if their dog attacks your dog” then the simplest answer is yes, you can. Read below to learn more!
Laws Regarding Dog Attacking Your Dog
Though you can sue someone if their dog attacks your dog, the laws regarding dog attacks vary from state to state. There is no federal law regarding someone’s dog attacking your dog, so you will have to follow your local state law. Some states are stricter, while others follow a one bite rule.
- Strict Liability: In states following strict liability laws, the owner will be held responsible for their dog biting another person or animal. Such states usually hold the dog owner accountable whether this is their first offense or not.
- One Bite Rule: In states following one bite rule, the defendant is usually not charged for the first offence unless the dog is labled dangerous. The common law also stats that the dog owner is only liable for dog attack if they know or should know that the dog could be dangerous and aggressive.
However it should also be noted that the dog is considered as a property of rather then a family member this drastically changes the lawsuit process.
How Does Dogs Being Property In Law Affect Me?
As mentioned earlier, in the US, dogs are considered personal property rather than family members. Just like any other belonging or item, you can not get compensation for pain, suffering, or grief. You must know, that when you charge someone for property damage, they are only liable to pay for the amount for repairing or replacing the damages. This status of being a property affects various aspects of dog ownership, such as:
- Custody disputes
- Liability for damages caused by the dog
- A dog bite or attack
- The legal procedure for dog breeding and sales.
This means that if your dog was injured or killed in a dog fight by another dog, you are only eligible to be compensated an amount equal to what it will cost for a replacement of your dog. If your dog is valued at $5000, then that’s the maximum amount of money you can get. If your medical expenses and vet costs exceed this limit you can not be compensated for it. In simple words, you can only get the amount of money needed to get yourself a new dog replacement, which can not exceed the original value of your dog.
What Damages Can Be Recovered When A Dog Bites My Dog?
As mentioned earlier the total damages you can recover is the amount equivalent to replace your dog or the total value of your dog. As the dog is considered a property this means you can not get any compensation for pain and suffering.
- You can get an equal amount of money back which would be reduced from the dog’s market value following an injury.
- You can get the amount needed for a replacement if your dog dies in the attack.
- You can get the compensation for all the medical bills and expenses as long as they dont exceed the total value of your dog in the market.
- The defended might also be charged with punitive damages in rare cases
Dogs in the Eyes of the Law: As Personal Belongings in the US
As per the laws, dogs in the United States are said to belong to the owners as personal property. This classification has several implications:
- Status: Dogs are regarded as personal or proprietary possessions hence they are regulated and regarded in the same manner as any other property. As owners, they have certain rights over their dogs such as maintenance, sale or transfer of ownership.
- Ownership Disputes: If spouses separate or divorce, it is common to argue over pet ownership, like property. During divorce trials the ownership of various possessions are settled according to the law including dogs and other pets in the court. Courts in general do take into consideration the best interests of the dog, but in the end, a dog does become a piece of property in a court of law.
- Damages Liability: Owners are liable for the damages done by their dogs. This includes injury or damage to people, other dogs or their property. This also falls under the category of personal property as these laws entail that any act of a property belongs to the owner.
- Insurance: Damages caused by pets are most often part of the home insurance policy. But, dogs are seen only as property and therefore this would have repercussions on the kind of protection and extent of coverage provided.
- Lacking Rights: Although there is a visual movement towards treating pets fairly and as sentient beings with rights The reality still stands that dogs still have far fewer legal rights than human beings. The movements speaks wild animals should not be caged for any reason whatsoever.
This property classification for dogs is common in all states, but some jurisdictions are beginning to look into more animal-friendly laws because of the growing movement of animal rights enthusiast so we might see a change in laws soon.
Factors to Consider Before Taking Legal Action
Before taking a legal action you should first make sure a lawsuit is necessary or not. If the issue can be resolved by mutual understanding then it is for the best but if you consider a lawsuit necessary then here are some of the things you should keep in mind.
1. State Laws
Check how the state jurisdictions handle the issue of dog bites and liability. Knowing this will inform you about the possibility of winning the case and your rights. Each state handles the dog bite and dog attack cases differently so keep that in mind before suing.
2. Severity of Injuries
Evaluation of your dog’s injuries should be made. The medical history and bills from the vet will be very significant in assessing damages.
3. Evidence
Present the evidence in proof of the event in question to strengthen your claim. Proof is necessary to win the lawsuit, so you should gather it before suing someone. This includes:
- Witnesses’ testimonies
- Pictures of the injured parts of the body
- Veterinarian’s instructions
- Any previous reports of the attacking dog’s aggression
4. Owner’s Responsibility
Ensure whether the owner of the dog was careless or did he fail to restrain his pet. Gather all evidence to proof their negligence. Be sure not sue when it is clearly not the fault of the owner.
What if I was Injured Protecting my Dog?
Everyone love their dog and its obvious if you see another dog attacking your dog you will step in to stop it. However, it can be quite dangerous as dogs are visious and can injury you badly. You should prioritise your protection but in case you get injured and are wondering can i sue if a dog bites me then yes you can but under some conditions. Click the link to learn more!
Conclusion
Here is everything you need to know about can you sue someone if their dog attacks your dog. You should always be extra careful and protect your dog at all times. Proper training can also help you with that.
If you are planning to sue someone it is also important to know how long the entire process is. Learn about how long does it take for a dog bite settlement so you can be ready.
