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An Overview of Dog Bite Lawsuits

February 1, 2023

Dogs are wonderful companions and friends, but they can bite and cause injuries. If someone's dog harms you, a dog bite lawsuit may help you get compensation for any losses. Here is what you need to know about dog bite lawsuits.


What Are Dog Bite Lawsuits?


A dog bite lawsuit is a personal injury case against the owner of a dog that has bitten another person and caused harm. The lawsuit can also be for other injuries brought about by the animal, like when a dog threatens a person who then falls and gets injured.


If the lawsuit is successful, the victim will receive payment from the dog's owner. The compensation is to make the victim whole.


What Evidence Is Necessary?


Dog bite rules vary from state to state, but some regulations are common. You have to prove that a specific dog is responsible for your injuries. The court may also require you to state why the owner of the dog should compensate you. 


In some states, the regulations are based on the strict liability model, while others have one-bite regulations. Strict liability means that the owner of the dog is responsible regardless of the situation. If you live in a strict liability state, you just have to prove that the dog hurt you without any provocation.


In contrast, one-bite laws dictate that the owner is only responsible if they are aware of their dog's aggressive nature. This means that the owner of the dog should have been aware that their dog:


  •  Had previously bitten other people.
  •  Had growled or barked at people.
  •  Had chased pedestrians or bicycle riders.
  •  Had fought with other dogs.
  •  Had jumped up on other people.

If the incident happened in a one-bite state, recovering compensation can be difficult if nobody ever complained about the dog before. 


What Should You Do After a Dog Bite?


If a dog bites you, the priority is to get medical attention. But before you rush to the hospital, take some photos of the injury and the dog. 


Treatment can help heal injuries and infections that may threaten your life in some cases. Quick treatment also provides evidence to boost your claim.


After recovery, try to identify the owner of the dog. If you can't find the dog owner's details, get help from animal control. The agency may put a microchip on the dog, which could lead you to the owner. Once you identify the owner, request insurance information for the dog. Most dog owners must have insurance policies to cater to dog bites.


Some dog owners will immediately accept responsibility. If the dog owner disagrees with your claims, you may need to file a lawsuit. To prepare for the court battle, gather the names and contact details of witnesses. These are people who saw the dog biting you and can back up your story.


What Legal Actions Can You Take?


If the dog owner has an insurance policy, file a claim against the insurance company. The insurance policy may be for renters or homeowners but with provisions covering dog bites.


If the dog owner doesn't have insurance, file a claim against the owner in a civil court. The dog owner might choose an out-of-court settlement while the proceedings are ongoing.


If the case eventually ends up in court, the dog owner may argue that you were trespassing when the accident occurred. The owner might also claim that you are careless, reckless, or provoked the dog. You have to be prepared to prove otherwise.


Dog bites can cause injuries and result in costly medical expenses. If the dog owner refuses to settle, you will need the help of a lawyer to get justice. Frank Penney Injury Lawyers specializes in personal injury cases, including dog bites. Contact us for more information.

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