Former State's Attorney With Over 38 Years of Experience

The Legal Ground of The Owner of The Dog Who Bit a Person

Dogs make great family pets and best friends to their owners. They are fun to be in a home and very loyal, so they automatically become beloved family members. This is the reason many dog owners do not believe their dogs can bite a person and cause serious injuries. But such incidents are common and can happen at any time.

When your dog bites and injures a person or another animal, or you have sustained injuries from someone’s dog attack. You should contact a dog bite attorney as soon as possible. Since dog bite laws differ depending on the state you live in, your attorney will let you know about your potential liability, if there is a possibility of a legal claim, the available types of defenses, and the possible financial and legal results of the dog bite case.

Dog’s owner liability

Dog owners can be held liable for the injuries their dogs cause if your state’s statute makes the dog owner liable. If the dog owner knew that it could cause injuries to someone, or if the dog attack was due to the owner’s carelessness.

The following laws impose the liability of the dog owner on a dog bite claim:

  • Dog-bite statute – The dog-bite law implies that the owner of the dog is responsible if the dog causes any kind of injury or damage to the property, even without provocation.
  • One–bite rule – In many states, the dog’s owner does not pay for damages for injuries it has caused for the first time. If the dog has shown vicious behavior like inflicting bites, the dog or pet’s owner may be liable. Some states do not follow the one-bite rule and hold dog owners accountable for the injuries caused, whether the dog has injured someone before or has never bitten someone before.
  • Negligence dog bite laws – The dog owner is responsible for protecting other people from harm the dog can cause. They may be held accountable if the injuries happened due to the dog owner’s carelessness in controlling and taking care of the dog.

The dog’s owner should obey their state’s leash statutes and laws that imply liability for people with animals that are dangerous and certain breeds of dogs.

A dog’s owner who is found liable for injuries to an individual or damage to the property should also pay for the injured person’s medical bills, pain and suffering, lost wages, and property damage.

What to do when your dog bites someone

When someone is bitten by a dog on your property, how you act will determine how the case and the dog bite claims are handled. If the person was provoking the dog and you have proof, you should give the information to the authorities.

If the person with the dog bite injury does not seek medical attention. You need to make this note to avoid being charged for medical bills later. Here are some crucial things to do after a dog bite incident;

  • Remove the dog from the situation. If a dog injures a person or another dog, it will be stimulated and can feel scared, so you should keep them in their house for the safety of other people.
  • Inform the authorities and your dog bite lawyer and have a recorded report showing the occurrence of the dog bite and the medical treatment the victim received, even when the injured individual thinks they are fine.
  • Contact a dog bite attorney to assist you. The injured victim can file a dog bite lawsuit against you for the injuries caused. Therefore, you need to ensure that you are ready to fight.

Dog owner defenses

While trespassers may have legal protection, the dog bite victims should prove that the dog bite incidents happened in an area they were allowed to be in or in a public place. Therefore, the dog bite victim may not get a settlement for damages caused by the dog bite, which happened while trespassing.

Most dog bite cases happen around the property of the owner, so the property defense is usually used in dog bite lawsuits by dog bite lawyers. However, young children do not have the judgment to get away from dangerous situations, such as a place where a dog can injure them; so, the trespassing defense usually does not work on dog attacks for children.

Provocation: A dog owner is not liable if the victim provoked the dog before the dog attack. For instance, if the injured person was teasing or threatening and driving the dog into a corner using a violent gesture.

Assumption of risk or comparative negligence: the owner of the dog can claim that the victim is partly responsible for the dog bite injuries. For instance, if the property owner had given enough warnings about their dog, the injured person would not have acknowledged the warnings. This can lower or terminate their ability to get compensation for the dog bite injury.

Do you want to learn more about the legal grounds of the dog’s owner that bit a person? Welcome to Michael J. Brennan- injury and accident lawyer

A dog’s owner has the duty to ensure that their dog is protected and other people are safe. Penalties and fines for dangerous dogs can be severe. If your dog has bitten a person, or if either you or your loved one has sustained dog bite injuries from someone else’s dog,

One of our dog bite attorneys will make arrangements for possible defenses, gather the required evidence, interview witnesses, and deal with the dog bite case on your behalf.

We have adequate experience in dog bite cases; therefore, we will provide you with the assistance you require for your dog bite injury claims and the dog owner’s insurance company and ensure that there will be no fallout after the incident. Call us today for a free consultation at 708-694-9728.

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