Dog bites are scary; I am sure everyone would agree. Dogs are mostly cuddly and sweet, but that one time they flip can be quite dangerous. This is why proper precautions are necessary, like training and leashing your dogs so they don’t attack other people for no reason. If you are wondering, can i sue if a dog bites me, the answer is yes, you can sue for a dog bite. However, some underlying conditions must be met. Let’s discuss it more in detail!
Dog Bite Lawsuit Explained
Some dog owners are careless and often leave their dogs without a leash. This can lead to serious injury for someone else and can be very frustrating. If you are wondering, Can I sue for a dog bite, then here is the answer.
A dog bite lawsuit can help you recover compensation for a dog attack from the dog owner. However, you must provide evidence of the sustained dog injury and prove that the dog owner should be held accountable.
The specification varies from state to state. Many states follow the common law, while others go by the strict liability rule:
- Common Law: The general rule of common law, which has applied liability to a dog owner, holds the dog owner liable for injuries caused by the dog, which the owner knew or should know could be dangerous. Most jurisdictions are using the “one bite” rule, in which normally the owner is not liable for the first bite unless it maintains a claim that the dog is unusually dangerous.
- Strict Liability: In those states with strict liability laws, a dog owner will be held strictly liable for a dog’s biting of another person, irrespective of former viciousness or the owner’s familiarity with such viciousness. These laws often require the plaintiff to prove he or she was at the location lawfully and did not provoke the dog that caused the injury.
- Mixed Law: Some states apply a mixed approach by incorporating common law plus some other elements or defenses in dog bite cases. These laws may mandate certain proof or allow defenses like trespassing or provocation that aren’t available under common law.
Before going to the legal authorities, ask yourself, “Should I sue for a dog bite?” If the damages are negligible and it was a mistake worth overlooking, then you should ignore it. However, if you suffered damages and lost wages, then going for the lawsuit is an appropriate course of action.
In some cases, another unsupervised dog might attack your dog. The process of filing a lawsuit in such cases differs from a dog bit. Learn more about can you sue someone if their dog attacks your dog.
Who Can You Hold Accountable in a Dog Bite Lawsuit?
You can hold any part involved in the dog bit if they are directly connected to the incident and caused it to happen. Many wonder what to do if a neighbor’s dog bites you– you can treat them just as any other dog owner and sue them for the damages. In case of a dog bite, you can sue:
- Dog Owner: Generally responsible for training or controlling their dog.
- Dog Handler/Trainer: If under direct care or supervision at the time of the bite.
- Property Owner: If the dog was on their property and they failed to reasonably control it.
- Breeder: For aggressive traits in the dog not otherwise dealt with.
- Veterinarian or Animal Care Professionals: For the bite due to their negligence in the handling.
- Municipality or Animal Control: For failure to remove or control a dangerous dog.
- Third-Party (e.g., Dog Sitter/Walker): If negligent in supervising the dog.
- Insurance Company— Owner’s Policy: If the dog owner’s liability insurance covers dog bites.
- Government Entities: If they failed in their duty to control a dangerous dog.
If you sue the dog owner, it is quite possible that the dog owner has some kind of insurance that provides coverage. In such cases, their insurance will pay for some or all of the damages.
What happens if your dog bites someone on your property is also a major concern that you should be aware of. The answer can vary depending on the situation, what caused the dog bite, why the victim was trespassing on your property, etc. Click the link to Learn more.
Can You Sue Homeowners Insurance For Dog Bite?
Yes, you can sue the homeowner’s insurance company for a dog bite. However, the process involves the dog owner’s insurance policy, not the homeowner directly. If you win the lawsuit, you’ll receive compensation for medical bills, pain, suffering, and lost wages. If the insurance refuses to pay or underpays, you can sue the dog owner directly.
What Information Should I Collect After the Dog Bite?
In case you have been bitten by a dog, there are specific facts or details that you need to compile and arrange in a manner that will help your case in the end. Look for the following:
1. Details of the Dog Owner:
Get the name, address, telephone numbers, and any applicable insurance information of the dog owner.
2. Brief Details on Where the Biting Took Place:
Write down where the biting took place and when it happened. This can be important for getting witnesses and for giving your account more substance.
3. History and Traits of the Offensive Dog:
If possible, try to find out whether the dog has been aggressive in the past. There were probably reasons that led up to it in the first place.
4. Statements from Witnesses:
Talk to people who physically saw the happening from whatever angle. Their accounts may be a big factor in the cases that will forge the circumstances surrounding the bite.
5. Photographic Proof:
Use your mobile device or a camera to take images of your injuries, the setting of the incident, and other signs of negligence or danger that may have triggered the attack.
6. Reports from Medical Facilities:
Document the particulars surrounding all medical procedures, clinic visits, prescriptions, hospital admissions, and any other aftercare you may have received due to the dog bite.
7. Details of the Incident:
Recount the circumstances of the bite; for instance, whether the dog was teased or whether you were entitled to be in that particular area. In some instances, this can affect the course of action you can take depending on the applicable state laws.
In the meantime, remember that you will benefit from the organization of this information insofar as the relevant medical and legal courses of action are concerned.
Defenses To A Dog Bite Lawsuit
In some instances, the defendant may be the dog owner who might seek to raise some defenses in order to minimize their liability. Now that you know the answer to can i sue for a dog bite, you should learn about the common defenses a dog owner might use to defend themself. In a majority of these cases, the defendant will claim that you were the cause of the incident to some extent or completely. Below are common defenses that an owner might use:
1. Trespass
One of the most common defenses is that you were trespassing onto the premises of the injured dog owner at the time of the dog bite. In most circumstances, it appears that a dog’s owner may raise this defense in cases when there is no reasonable permission given to the person on the premises and this person suffers an injury because of the dog’s bite. This applies more so where such posted materials as signs or fences indicating the presence of a dog are present.
2. Provocation
Another defense the owner might say is that you are the one who provoked the attack out of the dog before it bit you. The dog owner can cite instances whereby you may have teased, taunted, or even agitated the animal in other ways as proof that you instigated the behavior that caused the dog to respond aggressively.
3. Assumption of Risk
Throughout the present case, the defendant may seek to argue that the claimant willingly placed themselves in an aggressive situation knowing fully well the possibility of sustained injury from a dog bite. For example, if the dog undertook an attack as the plaintiff was moving towards it, the owner would claim that the plaintiff had the assumption of the risk of being bitten.
4. Knowledge of Dog’s Behavior
In such a case, if the defending owner can prove the aggression of the dog has never been in his previous records, he still will defend himself with no intent to know the dog was dangerous. This is more pronounced in common law jurisdictions, which subscribe to the ‘one bite’ rule, which dictates that an owner of a dog is not liable for the first bite as long as there is a lack of knowledge about the dog being aggressive.
Effects of Defenses on the Claim
The above defenses are likely to affect the extent of compensation that you recover for your injuries. Depending upon the state law, it is possible to incur the following consequences:
1. Contributory Negligence States
In those states that permit this negligence rule, if it is found that you contributed to the incident, a portion of the fault because of your actions, then you might not be given any relief but in some cases, you might not have the right to sue the person even if the owner of the dog was also negligent. For example, if you teased the dog.
2. Comparative Negligence States
In comparative negligence states, you will have some chance to be compensated even if you are somewhat to blame for the dog bite. But the figure you can be awarded will be under how much liability you hold. For instance, if the dog owner is supposed to be 60% liable for the damages and you are supposed to be 40% liable, and the damages amount to $10,000, then you would be entitled to $6,000, which will be awarded against the dog owner.
Comprehending the available defenses and analyzing how they may be used against your claim can help you prepare for the legal tussle and get the justice you deserve.
What Are The Compensations For A Dog Bite?
If you win a lawsuit after a dog bite, you are entitled to receive all the past and future medical expenses and any lost wages by the dog owner. You are also eligible to receive compensation for pain and suffering, and any other losses you face due to the dog bite.
In some cases, if the dog owner had a dog listed as illegal or dangerous by the state, then they can also face heavy fines.
What Happens When A Dog Bite Is Reported?
When a dog bite is reported, the following is likely to take place:
- Police or the local animal control agencies will follow up on the incident in order to get more information.
- The authorities will verify the vaccination, especially for rabies, and if they think the dog has rabies, they will likely put it in quarantine.
- If the owner did not take their dog for a vaccination as provided by the law, they would be subjected to a fine or other form of penalty.
- In case of being bitten, the bite victim will receive medical help with rabies shots if needed.
- The authorities will record the bite to avoid repetition of the same incident.
- After the lawsuit process is over and the victim wins the case, they will receive proper compensation.
It is also important to know how long it takes for a dog bite settlement. It depends on many factors, such as the severity of the injury, liability disputes, insurance negotiations, etc. To learn more about how long does it take for a dog bite settlement, click here right now!
Criminal Liability for Dog Bite Incidents
Even when you win the lawsuit for the dog bite and receive the compensation, the dog owner does not get a criminal charge against them and is not at risk of any jail time or further legal actions. The defendant is usually free to go without any criminal charges. However, a criminal charge might happen i cases such as:
- If the dog bite was intentional, the defendant can be charged with assault and thus receive a criminal record.
- If the dog owner has a history of negligence and the dog has had previous such instances, then they might face criminal charges.
- In case of a local law violation, such as keeping a dog breed that is illegal or not following the leash laws, the defendant can be charged with fines and criminal charges.
In such cases, the state can hold the dog owner criminally accountable. These cases are separate from the civil dog bite lawsuit and are treated as criminal cases.
Does A Hospital Have To Report A Dog Bite
Yes, in many states, hospitals have to report to local health authorities when a patient comes in as a dog-bite case, which is regulated more so when injuries are significant or rabies is suspected. In such an instance, the hospital may inform public health officials to trace back possible rabies exposure to ensure proper follow-up care for the victim. Normally, reporting is a legal requirement; it is done to ensure proper public health protection and disease containment.
Conclusion
Can I sue for a dog bite? Many dog bite victims wonder about this, and now you know the answer. It is very important to know the laws of your state and to question whether a lawsuit is necessary before suing. We hope this article was helpful. Dog bites can be very dangerous and must be treated properly to avoid any infections. Read about how dangerous are dog bites to learn more!
