Featured News 2013 Personal Injury Possibilities: Dog Bites

Personal Injury Possibilities: Dog Bites

According to the Centers for Disease Control and Prevention, nearly 4.5 million people are bitten by dogs every year in the United States. About 800,000 of these injuries require medical treatment. Liability in these cases usually means that the dog owner, and perhaps their insurance, will cover the injured person for their pain and suffering, medical bills, and lost wages. Sometimes, the dog's owner may also be required to take further action, in extreme cases even putting the dog down. The owner may even face criminal charges if he or she exhibited recklessness, such as unleashing a dangerous dog at a public park.

The dog owner would be liable for personal injury caused by his or her dog when one of three conditions is met. The first is whether the owner actually knew that the dog exhibited dangerous behavior. Called the "one-bite rule", this means that the owner knew that there was the potential for danger from the dog. Then in your state, there might be a dog-bite statute, holding dog owners responsible for whatever injuries their dog causes. Under this law, it does not matter if the owner was previously aware of dangerous behavior in the animal. Finally, perhaps the owner was negligent, and this is what created the opportunity for the dog to inflict injury. A plaintiff would have to prove one of the above in a lawsuit.

The first and the third conditions of liability can be vague, perhaps subjective. It may be helpful to look at these conditions more closely. First off, there are more than 15 states that have the one-bite statute. In such states, there are certain things that mean an owner should have known his or her dog posed a threat. This can include the dog having bitten someone before. That being said, a court has thrown out evidence of a puppy who nipped someone before committing an injurious accident later on, so a known instance of biting does not guarantee owner liability. Another indicator of aggression would be a dog that regularly snarls at people, even snapping at them. If a large dog regularly jumps on people, or frequently chases people off, or has had fight training, then these are other reasons that an owner should have known that the dog could cause injury. Other behavior that exhibits this potential would include a dog who fights other dogs. If an owner has "Beware of Dog" sign at the house, then this could be treated as a confession that the dog is dangerous.

Then there may be reasons for filing a personal injury suit because the dog owner was negligent. This negligence is something that can only be determined on a case by case basis. Sometimes it is simple to prove, such as in cases where owners broke the law. Often, this broken law would be a failure to follow the leash laws of the area. Breaking a law will not automatically equal negligence, however, as this has been successfully appealed before. Negligence could also look something like leaving a fence open, unwittingly letting the dog out, and the animal then goes on to bite a passerby. A jury even ruled that a dog owner was negligent for letting dog roam free in the yard, and the dog ran out and caused permanent injury to a bicyclist.

Even if an owner was negligent, however, some states will not recognize this as grounds for a personal injury lawsuit. Then there are many other laws that could weigh in on your case, and these laws often vary according to state as well. If you have any questions about filing a claim, then contact a personal injury lawyer today!

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