There is no reason to prove anything before you hire a dog bite attorney. The reason you hire an attorney is to have them prove the elements of your case in order to have a court rule in your favor. Just make sure that you cooperate with your legal counsel in full, providing him or her with all the necessary details to prosecute your case to the best of their ability.
State law often makes a distinction between the term dangerous and vicious. A dangerous dog is one that risks harm by any of its actions, even if that action is benign. The actions can include biting, jumping, bumping up against, swiping, and even over-friendliness expressed by jumping upon a person. The dangerous label is about whether the dog presents too great a risk of serious injury. This is not on what it has already done in the past, but because of what other dogs of its type have done.
The term “vicious" in a legal context refers to a dog that has already done or communicated an intent, habit, tendency or propensity to do something harmful to someone.
Your dog bite attorney will take on the task of proving the viciousness of the attacking dog. A dog can be legally classified as vicious based upon several criteria:
- The dog’s actions
- The dog’s breed
- The actions of the dog’s owner
- Other aspects unique to the jurisdiction where the dog resides
One shoe does not fit all. The basis for classifying a dog as vicious differs depending upon the jurisdiction the dog bite lawsuit takes place.
What Happens if a Dog is Found to be Vicious?
If your dog bite attorney convincingly proves that the dog was vicious, there are several possible scenarios for punishment for the dog and the dog’s owner. When a dog is classified as vicious, it can be subjected to confinement, or in the worst case scenario, euthanized. The owner is subject to fines, court orders pertaining to pet ownership, or even jail time.
While the danger or, in this case, viciousness of a dog seems to be logical and easily definable, it is not that easy. The laws from one jurisdiction to the next can vary, and even be confusing. This is why you should hire a dog bite attorney to sort out the details and to work on your behalf to prove to a court of law that the dog in question is indeed legally vicious.