Dog Bite Lawsuits

According to the Centers for Disease Control and Prevention (CDC), 4.5 million dog bite cases are reported each year in the United States. Dog bites or attacks can result in long-lasting physical injuries and emotional trauma. Lacerations from dogs can result in painful wounds that can get infected with dangerous bacteria.

To recover losses, victims can seek the help of a personal injury lawyer and file a lawsuit. Dog bite laws vary by state and even city. A local dog bite attorney will be able to answer your questions and help you file a dog bite lawsuit if a dog has bitten you or a loved one.

Who Is Responsible for a Dog Bite?

Many states impose “strict liability” laws on dog owners. This means that a dog owner is responsible for their dog’s behavior even if the owner was not negligent. In these strict liability states, you can file a lawsuit against the dog owner without evidence of negligence if you were attacked. The fact that you were bitten means the owner is liable.

In a state without strict liability laws, you must demonstrate that the owner was somehow at fault for the injury. You can show the owner was liable under premises liability law because they didn’t warn you about a dangerous animal. Owner liability may include failing to keep the dog on a leash or failing to have a fully fenced yard.

What Is the ‘One Bite Rule’?

Proving liability usually means proving that the dog has already demonstrated a vicious propensity or a history of aggression. If the dog bites someone, the owner is on notice the dog may be a danger to others. This is typically referred to as the “one bite rule.” The owner’s negligence comes from failing to take precautions after knowing about the dangerous dog.

What To Do After a Dog Bite

After suffering from a dog bite, seek medical attention. You should then gather as much relevant information about the incident as you can. This information is useful when filing a dog bite lawsuit. Some types of information you should gather include:

• The location where the dog bite occurred
• The name and address of the dog owner
• Information about the dog that bit you, including breed details and past history
• The dog owner’s insurance information
• Photos or videos of any dog bite wounds
• Phone numbers of any eyewitnesses
• Medical records and receipts of your medical treatment

Many states have mandatory reporting protocols in place. In some states, victims must alert animal control after dog bites. An experienced dog bite or personal injury lawyer will tell you how to report and help you proceed.

Who Pays for a Dog Bite?

If you win your dog bite lawsuit or reach a settlement, the dog’s owner may have to pay for the damages. Depending on the dog’s size and the bite type, you may require substantial medical care. If you are unable to work while recovering from dog bite injuries, you could also experience a major financial setback.

Homeowner’s or renter’s insurance policies may cover your medical expenses and other losses. Economic damages can include lost income, medical bills, future medical treatment, and loss of earning capacity. Non-economic damages can include pain, suffering, and emotional distress.

Some of the most serious injuries involve dog attacks on young children. It could leave a child with disfigurement, traumatic brain injury, or be fatal. In a fatal dog bite accident, your family can file a wrongful death lawsuit against the dog owner.

What Are Legal Defenses to Dog Bite Claims?

You may receive reduced damages if you were partially responsible for the dog bite incident. For example, the defense may argue that you are responsible for your own injuries because you provoked the dog by tormenting or abusing it. This may depend on your state’s comparative negligence laws.

Another defense to animal attack lawsuits is if you were trespassing. Trespassers in some states aren’t protected under property liability laws.

The statute of limitations gives you a limited amount of time to file a lawsuit. The court could deny your case if you file too late.

How a Lawyer Can Help You

A personal injury attorney familiar with premises liability and dog bite lawsuits can file a lawsuit to help you recover damages. Your lawyer can negotiate with the insurance companies to get a fair settlement. If necessary, they can take your personal injury lawsuit to court to fight for the compensation that you deserve. Talk to a local dog bite lawyer about your state dog bite laws as soon as possible to make sure you file your lawsuit in time.