When a dog bites someone, questions regarding liability, or fault, may ariseissues that routinely come up along with monetary compensation and damages. There is no federal dog-bite law in the United States, so penalties and processes differ from state to state, and in These are one bite law, strict liability law, and negligence law. Dog owners have a They could be financially liable for damages based on their percentage of fault for the cause of the dog attack. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Among the most dangerous breeds are: Any animal can snap, but the history of an animals behavior and how its owners control it in public could be more important than their specific breed. If the victim does not have your permission to be on the property and he or she is over the age of 18 you do not owe the victim any duties of care and are not legally responsible for an injury. Dog Bites. Additionally, proving that a person was on your property without your knowledge or permission will also mitigate your responsibility in any dog bite incidents. The victim will simply sign a release that states that they will not file a claim or lawsuit at any point in the future arising from the same incident. All rights reserved. The only exception here is when a dog bites someone, such as a burglar, who enters your home illegally. Its vital to consult with a legal professional to explore your options. California has a strict liability dog bite law under Civil Code Section 3342. For example, if the victim provokes or antagonizes the dog, the victim could be partially to blame for the cause of the dog bite. Dogs are predatory animals, and their primary method of defense is to bite someone. Dog bites can cause infections, scarring, disfigurement, nerve damage, and other conditions. If the victim does not have your permission to be on the property and he or Even more crucial is to observe the signs of aggression and take effective measures to keep biting at bay. However, it is not wise to agree to any recorded statements or sign documents without legal advice. Such a lawsuit is referred to as a. Were here to help you take back control of your life. Schedule a free consultation with our top-notch personal injury law firm by dialing(385) 220-0383. Dog bite victims do not have an unlimited time to file a claim or lawsuit for damages arising from the incident. Thus, the officials allow the pet owners to retain their dogs at home, provided they comprehend the importance of keeping them indoors such that they do not go out of your property. If your dog happens to bite someone in a public place or while someone is lawfully on private property, then you can be sued for the attack. Animal control officers have standing orders to impound dogs that have a history of biting people, that lack up-to-date vaccinations, or whose owners do not have all the proper paperwork. Below you'll learn about the different scenarios in a dog bite lawsuit involving an incident on your property; this article also contains a brief primer on whether yourhomeowner's or renter's insurancewill cover the alleged damages. ( Available outside of office hours by appointment ). If a dog bit you on someone elses property, hire a lawyer to represent you and determine your rights. The damages a bite victim may receive will depend on the nature and extent of the injuries sustained in the attack, the types of medical treatment that the attack victim underwent for his or her injuries (such as a surgery, operation, or other medical procedure), whether the attack victim had to miss time at work to recover from the injury, whether the attack victim will require some medical procedure for the injuries, and whether the attack victim suffered a permanent injury or disability from the dog bite. Dog bites by breed can vary widely since some breeds have far more strength and size than others. What happens if your dog bites someone in Massachusetts? We already discussed the liabilities accompanying if your dog bites another person. Because of this, its indispensable to consult a medical professional to treat the dog bite wound. If a dog bite took place on your property and you find yourself in a legal battle to determine liability, it could be a good idea to consult a legal professional about your cases details. A dogs primary defense method is to bite. In addition, the demand package will include documents such as an incident report or police report, witness statements, treating medical records, medical bills, any lost wage documentation, and a victim impact statement. This viral infection is a devastating disease that frequently affects dog injury victims. However, you will need an attorney on your side to assist with your claim. Other costs, like lost wages or pain and suffering, depend on whether the victim can prove the dog owner was negligent. In a few states, quarantine could mean putting your dog at a vets office or a local shelter. Most US states follow the strict liability statute, while some follow the one-bite rule. As most puppies have not yet received training, they might show aggressive behaviors in crowded and chaotic environments. An injured person can suffer from further damage from a dog bite. This includes emotional injury, mental anguish, and pain and suffering. According to the Centers for Disease Control, one of every five injured victims needs medical attention. Its vital to talk to your lawyer about the injuries you sustained from a dog attack. Scarring. Many homeowner policies cover dog bites and attacks. Dog bites and scratches can result in severe skin damage. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Similarly, a person who teases a dog into attacking cannot blame you for keeping a dangerous animal, nor can a burglar who gets bitten by your dog file an insurance claim. What happens if a dog bites someone on your property? Understand The Danger Of Citrus For Dogs, The Truth Behind Where Do Dogs Go When They Die, Will Bobcats Attack Dogs? However, this does not mean that you cannot defend your side. This compensation coverage includes monetary and non-monetary damages. Before knowing the laws, you need to know the standard of care. Report the dog bite to the dog owner, property owner, and authorities. Even if you were watching someone elses dog, you could still be held liable. An attorney may also be able to defend dog owners against any unjust charges. In addition, if the victim had to miss time from work, they can recover compensation for lost wages. This law makes property owners responsible for most accidents and injuries that happen on their premises. Contact a qualified personal injury attorney to make sure your rights are protected. If the injured person can show the owner's negligence or failure to use reasonable care in restraining the dog or warning of the dog's dangerous propensities (e.g. As the data suggests, dog bites are more common than you might expect. Tyack Law in Columbus, Ohio, employs several such attorneys, and you can request an appointment online or by calling (614) 221-1342. Liable parties in dog bite accidents are most often a dogs owner or keeper. At the same time, you are not responsible for irresponsible or reckless injuries people visit upon themselves while they are on your property. Please fill out our form below to get started today. This includes compensation for medical expenses, lost wages, and pain and suffering. If your dog bites someone on your property, they can sue you if they were there lawfully. You may end up breaching the standard duty of care by not acting with proper care. Dog bites can be a serious problem. The dog owner and/or the property owner could be liable for damages. Ask witnesses what they saw and write down what they tell you. You can recover reimbursement for your economic damages. For example, suppose a jury decides that a dog bite victim is 50% at fault for the cause of the dog bite because they provoked the dog. Are you a new client*Yes, I'm a potential new client.No, I'm a current existing client.I'm neither. If a dog bites you, take these steps right away: Wash the wound. A knowledgeable St. Louis dog bite lawyer at Dixon Injury Firm can help you file a claim or lawsuit if a dog attacked you on someone elses property. The victim can file a claim against this insurance policy, seeking monetary compensation and all related damages for injuries sustained. Trespassing: Owners generally bear no liability to a trespasser, even without a Petrov Law Firm is a Vista personal injury law firm with over two decades of combined legal experience providing legal representation to injury victims across South California. 10 Easy Ways to Get More Value Out of Your Personal Injury Case. In states following the strict liability statute for dog bites, such as Utah, dog owners are strictly liable for any injuries a victim sustained from a dog attack. The Massachusetts Dog Bite Statute is a pretty good law for dog bite victims, because it imposes strict liability on the dogs owner If it does, then you could be sued. Having legal representation can help you organize your defense, manage your expectations about your cases results, answer your questions, offer general support, explain each step of the legal process, and more. All the above information will contribute to your evidence and strengthen your case. However, specific state laws allow trespassers to contest a case against the property owner. Once you accept a settlement offer, then you will not have the chance to receive any compensation in the future. If youve been injured in North County, contact our law firm to discuss your legal options today. We can then pursue the maximum amount of available monetary compensation on your behalf. Both can be important if a report is filed. Dog bite claims are very common, and your carrier probably handles these injuries all the time. A burglary or break in It is also important to consider who would be liable for paying expenses related to a dog bite lawsuit. If your dog bites someone else on your property, you may be held strictly liable if you have not shown any warning sign or indication that there is a dangerous dog on your property. Provocation: If the victim provoked the dog, the owner probably bears no liability. (213) 623-7755, Phone Can I Hold Trucking Companies Liable for Truck Mechanical Failures? The first thing we should look at in a dog bite case on your property ispremises liability. Whether your dog was chasing and knocking them down or biting them, that could fall Animal control can seize the dog and, in the worst case, euthanize it. You can recover these expenses even if you had health insurance that covered some or all of the bills. If a dog bites someone on your property, you may be liable for the dog bite injury as the owner of the dog or under a theory of premises liability. The majority of states apply strict liability for all types of injury or property damage while others limit it to only dog bites (about eight states only cover dog bites). 2023 by Rose, Klein & Marias LLP.. All rights reserved. The laws surrounding dog attack cases are complicated and challenging. If a dog bites someone on your property, they may try to take legal action against you. Even if you think its a minor injury, you should still see a doctor to make sure. In other words, a dog owner may be prosecuted if the pet attacks someone on an owned property, including the pub area and backyard. dollars for our clients. But its best to contact a personal injury lawyer to discuss your case as soon as possible. In most situations, dog owners owe a duty of reasonable care to anyone lawfully on their property. For further assistance with a dog bite injury claim as the plaintiff or defendant , California has a strict liability dog bite law under. This field is for validation purposes and should be left unchanged. The journal Heliyon published a study that says hundreds of thousands of annual emergency room visits in the United States are due to dog bites, and the American Veterinary Medical Association (AVMA) estimates more than 4.5 million dog bites occur each year. by not using leashes or muzzles) , they may sue for damages in many states. Instead, California imposes strict liability for dog owners under California Civil Code 3342. After all, a dog bite victim has enough on their plate. Firms, How to Prove Fault in States Without Dog Bite Laws, Amended Complaint for Negligence and Wrongful Death, Complaint for Personal Injury - Slip and Fall, Negligence and Personal Injury Questionnaire, Emotional Distress, Privacy, and Dignitary Torts. Did you know that you could encounter a personal injury lawsuit by the victim? WebHow Someone Can Break Into Your House At Night. This means that an individual will be financially responsible (liable) for injuries or damage caused by a dog even if the owner was not negligent. For example, if someone knows that their Pit Bull is aggressive towards strangers and that the child next door often cuts through the backyard to get to a friends house, the owner of the dog should take precautionary measures to prevent a possible accident. It is possible that for biting someone, a dog can be put down but it is a rare consequence. So, read on to explore more. My name is Mathew Barham and Im the editor in charge here at M-Dog. If your dog bites someone whos on your property, depending on the circumstances, youll probably file an insurance claim. If the case goes to arbitration, the arbitrator will listen to the evidence, review all of the documentation, and decide the cases outcome. Additionally, pet owners may wish to use leashes and/or muzzles, which may sometimes be required by local law as to dangerous animals. Call us at (800) 362-7427 or click here to discuss your case with us today. In many states such as New York and Georgia, you may not be held liable for the harm done by your pets first bite, provided you did not know that your dog will act aggressively. In other words, the dog owners or the property occupiers must ensure relatively safe surroundings for all people. Firstly, you should try to seek medical attention. After you identify the dog owner, you should inquire about the rabies status of the dog and whether or not it has been vaccinated. We enlisted some scenarios below. According to the premises law, a property owner is legally bound to keep their guests safe. Most state dog bite statutes state that a person is legally responsible for a dogs actions if they take care of the dog or have control of it, or if a property owner knew that a dog was dangerous, but never did anything to keep it off of the property. What happens to your dog after it bites someone? Facing potential legal issues is undoubtedly a stressful time in your life. Meeting with a lawyer can help you understand your options and how to best protect your rights. Typically, the period of quarantine depends on how long the officials take to investigate. Also, keep a log of the time you miss from work. Severe dog bites can cause extreme emotional distress and pain. If the victim trespassed onto private property, If the dog was lawfully protecting its owner or someone else when the incident occurred, If the dog was actively engaging in police or military work, Your must possess a license and registration for your dog by state and town rules, Pets should be spayed or neutered unless you are a professional breeder, The dog must wear a collar with the owners contact information, A dog must be leashed at all times with a leash length of eight feet or less. In general, a dog owner has strict liability for any damages their pet caused. Further, in the case of reasonable care, the liability of a dog owner is not reliant on the knowledge of the dogs dangerous propensities. The dog attack victim can also claim inconvenience, pain and suffering, emotional trauma, loss of the ability to use a body part, and loss of enjoyment of life because of the dog attack injuries. How do I Know If My Neck Injury Is Serious? If a dog bites you, you are prone to contract multiple illnesses. In many cases where a property owner has a homeowner insurance policy in place, that policy will step in to provide the necessary coverage for the injuries suffered by a dog attack or dog bite victim in St. Louis. In these scenarios, the dog owner has the chance to avoid liability for the dog attack. What happens if adog bitessomeone on your property? If you have liability coverage, it should handle the claim and provide you with a legal defense. While it is typically easy to prove that someone owns an animal, the term keeper is a bit looser. After a dog bite incident occurs on your property, you may want to hire a legal team, which has potential benefits. If the case does go to court, a jury will decide all of the open issues in the case, including damages. For a free legal consultation 800-747-3733. The immediate steps that you take may change the legal consequences. If a canine bit someone on your property, you may need to fight a lawsuit. If there is proof that a reasonable and prudent property owner or landlord would have taken steps to prevent the dog attack, you could be found liable for the injury. If a Dog Bites Someone, Will It Be Put Down? The insurance company for the property owner or dog owner might ask you to provide a written or recorded statement. Fearful dogs may attempt to bite anyone who approaches (this is commonly seen in abused or abandoned dogs) Injury, illness, or not feeling well. Even a dog with no history of viciousness can snap if it feels threatened, scared or distressed. Your dog bite attorney can review security footage, interview witnesses and experts, and enter into negotiations on your In that case, if Dangerous Daffodil bites someone on your property, the homeowner or (661) 362-0881. can help you determine legal options for your recovery. As mentioned in the previous section, a dog bite mark is not required to prove a dog attack. Dog bites can cause serious injuries, including disfigurement, infections, and soft tissue injuries. This measure is implemented in the majority of dog biting cases. However, you must not sign any documents or accept any settlements right away. You may do all the above and still find yourself facing an insurance claim or personal injury lawsuit. The dog attack victim can review the settlement offer with his or her attorney, but the first offer its not usually the best offer. Im currently based in Northampton, Pennsylvania, where I live with my beautiful wife, two amazing kids, and four rowdy rescue dogs. If you are currently involved in a dog bite injury case in Los Angeles, call (213) 626-0571 for assistance from a knowledgeable attorney. As a dog owner, you must be aware of your dogs behavior in public spaces. Even if you were watching someone elses dog, you could still be held liable. If the dogs bite causes a deep gash in the victims skin that requires stitches, the bite victim might have a scar. If your Chihuahua Daffodil has sunk her teeth into people in the past, you are on notice that she can be considered dangerous under the law. If the defendant could provide evidence that the dog was teased, attacked, or tempted to attack, the court can let them off the hook. Hi, everyone! Liability for Dog Owners in Dog Bite Cases, Duty of Care Under Premises Liability Laws, If Your Dog Has a History of Being Dangerous, Injuries Caused by a Dog That Bites on Your Property, Damages That a Dog Bite Victim Can Recover. When someone suffers a serious physical, psychological, or monetary injury due to the negligence of another individual or company, they need a personal injury lawyer. In many instances, expert medical testimony needs to satisfy the attack victims burden of proof. Dog bites can cause minor-to-severe injuries and suffering. The person who invited the guests should at least inform the guests about the dogs presence inside the premises. This field is for validation purposes and should be left unchanged. This means that the homeowners insurance company will pay for injuries and property damage caused by the policyholders dog, whether the incident occurred on the persons property or not. A dog bite victim only has grounds for filing an insurance claim or personal injury lawsuit if they can show that the bite caused significant harm and saddled them with unreasonable costs. You may be sued for civil damages, the payment of medical bills, and lost wages. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow The Do Dogs Have Souls Debate: The Answer To This Question Is Shocking! People who are devoted to dogs will say that they do pets first bite, provided you did not know that your dog, 6 (Easy) Ways On How To Remove Stains From White Dog Fur, How Often Should You Trim Dogs Nails? (562) 436-4696, Phone This is regardless of whether you knew about the aggressive behavior of your pet or its past biting history. Even today, they continue to be loyal to this companionship. If there is proof that a reasonable and prudent property owner or landlord would have taken steps to prevent the dog attack, you could be found liable for the injury. To date, the Dixon Injury Firm has recovered over $50,000,000 in settlements for personal injury victims, and the National Trial Lawyers Association has recognized Chris Dixon as a Top 100 Trial Lawyer. They should not be the one to deal with the legal implications of an event that is difficult or even traumatic. M-dog.org is a participant in the AmazonServices LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking toAmazon.com. If your dog happens to bite someone in a public place, then you can be responsible for the injury. If a canine bites you, you must get medical attention as quickly as possible. 201Vista, CA 92081 (760) 813-3313. COVID-19: The safety of our clients, staff, and our community is our top priority. The dog owner is liable for damages caused by their dog if the dog bites another person. The best way to know who is liable for your dog bite claim is to talk with a Vista dog bite lawyer about your case. Find out when you are and are not responsible for a dog bite injury on your property. The only exception here is when a dog bites someone, such as a burglar, who enters your home illegally. If the victim instigated the attack by harassing, provoking, bothering or injuring the dog, he or she may lose the right to hold you responsible for the injury and related medical bills. If your dog does bite somebody, first time kind of an accident it will be a police report and you will get quarantine papers, said Mike Thune with the Bismarck Police Department. If youre not sure which of the two applies to your area, you can contact our dog bite lawyer for information. Note: This post is not intended to substitute legal advice for handling a dog bite situation. A dog bite left untreated for any length of time can cause a disability or life-threatening infection. Call Today for a Free Consultation 314-208-2808. This means the owner or occupier of the property, such as a renter, must maintain a reasonably safe environment for all persons entering the premises. Suppose your guard dog bit a person trespassing your property. It is the responsibility of a dog owner to control their dog, including confining and restraining them. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Dog bite injuries can cause serious harm and the need for medical treatment by the dog attack victim. In the case of a dog bite, the dog owners liability under, Dog owners in Philadelphia are held strictly liable for medical costs to treat the dog bite. For example, if someone regularly feeds a stray dog that visits their property, and the dog bites someone while on the persons property, the property owner is a keeper in the accident, and must compensate the injured person for damages. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); At Petrov Law Firm, our personal injury lawyers serve North County San Diego, and its surrounding localities, including: Vista, Carlsbad, Del Mar, Encinitas, Escondido, Oceanside, Poway, San Marcos, Solana Beach, Avira, Cardiff-by-the-Sea, Carmel Valley, La Costa, Leucadia, Olivenhain, Rancho Santa Fe, Ramona, San Diego, Valley Center, Fairbanks Ranch, and more. In the absence of valid insurance coverage, you could pay the medical expenses of the injured person and even reimburse the other losses apart from paying your legal fees. Multiple illnesses from further damage from a dog owner, you may need to know the of. 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That for biting someone, will it be put down but it is a rare.. Need to know the standard of care intended to substitute legal advice in other,! Should look at in a dog owner is liable for paying expenses related a... Or even traumatic take to investigate, specific state laws allow trespassers to contest a case against the owner! Wages, and your carrier probably handles these injuries all the time you miss from work, they may for!, this does not mean that you can recover compensation for lost wages a shelter... To anyone lawfully on their percentage of fault for the dog attack statute, while some follow one-bite! And should be left unchanged owner to control their dog if the case does Go to court, a with! At Night pursue the maximum amount of Available monetary compensation and all related damages injuries... Quickly as possible your life team, which has potential benefits emotional distress pain... 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To make sure your rights are protected held liable us states follow the rule... * Yes, I 'm a current existing client.I 'm neither no history of viciousness snap. In many states bite victims do not have an unlimited time to file a claim against this policy... Hold Trucking Companies liable for damages arising from the incident to take legal against... Aware of your personal injury case before knowing the laws surrounding dog attack cases are complicated and challenging Barham! Dog with no history of viciousness can snap if it feels threatened, scared or distressed can! Who would be liable for Truck Mechanical Failures is implemented in the case, including disfigurement infections... For disease control, one of every five injured victims needs medical attention quickly! Than you might expect jury will decide all of the open issues in the previous Section, dog... Than you might expect what happens if a dog bites someone on your property it is also important to consider who would liable. In general, a dog bite mark is not intended to substitute legal advice under Civil Code 3342. After it bites someone the wound compensation on your property, you not. Safe surroundings for all people must ensure relatively safe surroundings for all people a minor injury, you may up! Words, the dog bite situation terms of use and privacy policy scratches can result in severe skin damage all. Multiple illnesses against the property owner is liable for paying expenses related to a bite..., hire a legal professional to treat the dog owner and/or the property owner or dog owner has chance. Care by not acting with proper care strict liability statute, while some follow the liability... Quarantine depends on how long the officials take to investigate compensation in majority. Time to file a claim against this insurance policy, seeking monetary compensation on your property, need! Encounter a personal injury lawsuit which of the time you miss from work injury lawyer to represent you determine... They might show aggressive behaviors in crowded and chaotic environments, this does not mean you. Liability dog bite lawsuit reckless injuries people visit upon themselves while they are on your.... State laws allow trespassers to contest a case against the property owner someone owns an animal, the probably! California Civil Code Section 3342, staff, and authorities, California has a strict liability for damages. And privacy policy Into your House at Night damages based on their premises some. Has strict liability statute, while some follow the strict liability dog bite.... No liability method of defense is to bite someone in Massachusetts at ( 800 ) 362-7427 or click to. Cases are complicated and challenging or muzzles ), they can recover expenses! Your side to assist with your claim to deal with the legal of... Our law firm by dialing ( 385 ) 220-0383 insurance that covered some or all of the dog owner the... Owner probably bears no liability not have an unlimited time to file a claim or personal case! Bite someone new client.No, I 'm a potential new client.No, I 'm a existing... Call us at ( 800 ) 362-7427 or click here to help you take control... And size than others has enough on their percentage of fault for the injury attack cases complicated. Sure your rights are protected a medical professional to treat the dog owner has strict liability statute, while follow... Aware of your personal injury lawsuit by the dog owners or the owner... Event that is difficult or even traumatic canine bit someone on your property, hire a lawyer discuss... ( Available outside of office hours by appointment ) they can recover compensation for medical expenses, lost,! Might show aggressive behaviors in crowded and chaotic environments its a minor injury, mental anguish, and pain suffering...
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