Animal Attack Lawsuits
From puppies to pythons, we love our pets. But not all pet owners are as responsible as the rest of us. Even if you do still take all precautions — accidents happen. Animal attacks on humans can be dangerous and cause personal injury.
If you were injured by a dog bite or other kind of animal attack, an animal bite lawyer can give you legal advice about your rights to take legal action for financial compensation in an animal attack case. You could be able to get money to cover your medical bills and other losses.
First Steps Following an Animal Attack
Dog bites are the most common animal injury. Immediately following an animal attack, you should get medical attention as soon as possible. Even if you don’t think your injuries are serious, a medical professional might. There is a risk of infection with any bite that penetrates your skin. Keep track of your medical expenses.
Once you’re safe and sound, you may want to document the incident. You can take photos of your injuries, the dog or other animal, and the area where the attack happened. If the animal escaped a yard or other enclosure, you could document whether there was a fence and if it was secured and locked.
You should talk to eyewitnesses, note what they saw, and get their contact information. If you were attacked on someone’s private property, you may need to contact the homeowner or their insurance company.
Personal Injury Lawsuits Based on Animal Attacks
Most animal attack claims, even those causing serious injury, are resolved quickly through the settlement process. But if you don’t receive a response from insurance companies or the owner of the animal involved, you may consider filing a personal injury lawsuit.
A personal injury claim will allege negligence on the part of the pet owner. However, animal owners may be strictly liable for dog attacks or animal attacks. Some states have “one-bite rules” when it comes to dog bites, some municipalities have ordinances banning certain breeds, and other states make owners strictly liable for any severe injuries caused by vicious animals.
Negligence-Based Animal Attack Claims
Proving an animal owner was negligent will often depend on the specific facts of your attack. You must generally prove four distinct elements:
- The animal/property owner had a duty to restrain their animal or prevent it from injuring anyone
- The owner failed to live up to this duty
- You would not have been injured but for the owner’s breach, and the animal attack caused your injuries
- You suffered injuries and damages
For example, if a dog owner knew their dog had bitten people before, they would be held liable if the dog bit someone again.
Strict Liability for Animal Injuries
In some cases, an injured party does not need to prove negligence to hold an animal owner liable for injuries stemming from an attack. Dog bite laws can vary widely from state to state. Some states have strict liability statutes for dog bites, meaning that you only need to prove that the other person owned the dog and that the dog bit you. If the owner knows or has reason to know that the particular animal has a dangerous propensity, the owner is strictly liable.
Most states also apply strict liability to wild animal owners. The law generally defines wild animals as those not typically kept as domestic animals. For example, tigers, alligators, and some species of snakes would be wild animals. Owners of wild animals are strictly liable for injuries arising from that animal’s dangerous acts.
Did You Assume the Risk of Injury?
In states that use a comparative negligence model, the plaintiff’s negligence would diminish how much they could recover for their dog bite injuries.
For example, if you were pulling a cat’s tail before the cat finally lashed out, a court could find that your careless actions contributed to the attack. You would receive reduced damages in proportion to your negligence in a personal injury case.
However, contributory negligence is not a bar to recovery in strict liability cases. If you were pulling on a tiger’s tail before being bitten, the tiger’s owner would likely still be on the hook for the full extent of your medical treatment.
Were You Trespassing?
Most animal owners are not liable for injuries caused by their animals to trespassers. For example, if you’re trampled by a cow while crossing the owner’s field without permission, you can’t collect damages.
There are a few exceptions to this rule. Some jurisdictions have vicious watchdog statutes that hold owners liable for injuries if they know their dog has vicious characteristics. In other jurisdictions, trespasser attack victims have no such protection.
Personal Injury Attorneys and Animal Attack Lawsuits
Between medical experts testifying about injuries and health care expenses and animal expert testimony regarding training and restraint techniques, a personal injury lawsuit based on an animal attack can be extremely complex. And even if the animal owner or their insurance company wants to settle your case, signing any agreement without first consulting a lawyer about your legal rights is risky.
There’s a good chance that the pet owner’s insurance company will have lawyers. You should have a personal injury lawyer with experience in animal attacks on your side. Talk to an animal attack lawyer if you or a loved one was injured in an animal attack.