While dogs may be our best friends, some dogs can become
aggressive and bite someone. A dog bite falls under the law in the
personal injury category. Each state has various laws regarding the
liability of the dog's owner. Following are things you should do if you
are bitten by a dog.
Dogs that bite can do it for a number of
reasons. Perhaps the dog has always had an aggressive nature and
perceives you as an unwanted stranger. Historically, there are certain
breeds that have been known to harbor aggression. The Pit Bull breed is a
common example.
The dog's breed is only one factor and doesn't
always mean the dog will be aggressive and prone to biting. You might
encounter a dog that has been healthy in the past and free from
offensive behavior. However, now the dog has suffered from a health
illness such as rabies. Rabies can cause dogs to become disoriented and
lash out by biting people. A classic sign of rabies is drooling and
foaming of the mouth.
If you are bitten it is imperative that you
have your bite checked out at the hospital as soon as possible. Dogs can
be a host to several bacterial and viral infections that you can
contract such as ring worm. Make sure however, that you remember the
type of breed to help a doctor assess the extent of the wound. Write
down the contact information of the dog's owner should you need to file a
lawsuit.
Dog bite lawsuits arise when the dog bite is serious
enough to cause injury, mental aggravation, and hospital bills. It was
beneficial that you wrote down the dog breed and the dog owner's contact
information because you will need it when filing a dog bite lawsuit.
Should you choose to file a dog bite lawsuit, you will need to contact
an attorney to understand your rights and requirements for filing.
An
attorney will explain the specific dog bite lawsuit laws in your state.
It is good to know that the majority of states hold the dog's owner
liable for any dog bites. It will also need to be determined if the
owner had prior knowledge of the dog's aggression. This is termed
"dangerous propensities". Did the owner know in advance that their dog
was of a certain breed that is prone to biting? Did they provide the
required safeguards to control this unwanted behavior in their dog?
Additionally,
some states have enacted legislation that involves "strict liability".
The owner is liable for their dog's actions whether they knew the dog
was dangerous or not. Anytime their dog bites someone they are held
liable no matter the situation or circumstances.
On the flip side
of the coin is to view this from the dog owner's perspective. Let's say
the dog owner had prior knowledge that their dog may be dangerous or may
bite someone. The owner then took protective measures to keep his dog
in a secure area. He also had placed "Beware of Dog" signs on his
property and has warned others not to approach his dog as the dog may
attack. The owner had done all this, but someone didn't listen or even
provoked the dog on purpose.
If the owner has provided these
safety precautions they are sometimes not liable due to "contributory
negligence". "Contributory negligence" means that the person who was
bitten understood the dangerousness of the animal, but proceeded to
place themselves in the dog's environment anyway. This type of dog bite
lawsuit often ends in favor of the dog owner.
If you do file a dog
bite lawsuit you can sue for compensation regarding medical costs you
will incur due to the dog bite, pain and suffering, property damage, and
affected wages. A vicious dog bite can leave you unable to work for
some time and you need a way to recoup your losses.
You can also
be awarded punitive damages in some cases. Whether or not you are
awarded punitive damages depends on the behavior of the dog's owner. Did
the owner intentionally provoke their dog and put you in the line of
fire? If so, the dog owner's behavior will be punished by granting you
an additional punitive damages settlement.
If you suffer from a
dog bite you can rest a little easier knowing that many health insurance
plans cover costs associated with dog bites. Hopefully, you won't ever
have to deal with a dog bite and dog bite lawsuit. Understand though
that if you are bitten by a dog you do have legal claims. The extent and
nature of the legal claims vary from state to state, but the basic
guidelines have been discussed in this article. Consult an attorney that
has worked on dog bite lawsuits in the past to figure out the best
course of action.