A Dog Owners Most Important Question: Am I Liable For A Dog Bite?

Dog attacks cause punctuations, lacerations, sprain and strain of muscles, nerve damage, crush injuries, infections, and emotional distress.  But who is liable in a dog bite attack? A dog bite attorney or personal injury attorney may be able to determine that for you.

A dog owner’s most important question: Am I liable?  
Dog bite liability often depends on whether an owner was negligent. According to the Animal Legal and Historical Center, Courts consider several questions when deciding whether an owner is negligent:

• Was the action of the animal within the category of “dangerous” activities from which the law seeks to protect the general public?
• Had the animal in question shown a previous instance of th conduct?
• Did the defendant have actual or constructive knowledge of the animal’s propensity?
• Did the animal’s dangerous conduct cause the harm?

Some states have "strict liability" which means liability occurs when a known vicious animal attacks, bites, or even chases someone; no burden of proof of owner negligence is required.  Contact a local attorney to learn local law.

What if the dog was provoked? Does that change liability?
According to the Animal Legal and Historical Center, “Regardless of whether you are dealing with a strict liability state or not, provocation will be an important factual issue."

Provocation refers to a situation where a dog is incited, encouraged, or provoked into biting a person. This will either reduce the owner's liability based in part (comparative or contributory negligence on the part of the victim) or bar the victim's claim completely.

A court will determine provocation from the perspective of the injured party (i.e., did the person intend to provoke the animal or have knowledge that his or her actions would provoke the animal) or from the perspective of the dog. A dog bite attorney can help resolve your legal case.

A person who knows that his actions will be painful or annoying to the dog is provoking the dog.  Likewise, any actions that cause fear or pain from the dog's perspective are sufficient provocation.

A dog bite victim’s question: Should I hire a dog bite attorney?
Hiring a dog bite attorney doesn’t mean that the dog’s owners will be sued.  Rather the dog bite attorney can work closely with the owner’s insurance company to ensure that medical bills, pain and suffering are properly compensated.

Below are a few reasons why dog bite victims (or their families) should hire a dog bite attorney:

• A dog bite attorney is likely to get a larger settlement.
• dog bite attorneys know the law better than other involved parties.
• A dog bite attorney is best suited to evaluate the claim on behalf of the victim.
• Dog bite attorneys look at the situation in a calm and detached manner.

If you or your child has suffered from a dog attack, than fill out this short questionnaire and get connected to an experienced dog bite attorney in your area.