| Auto Accidents | Motorcycle Accidents | Dog Bites | ||
| What You Can Claim |
Dog Bites
A
dog bite can be traumatic for all concerned, dog bites can be minor or
quite severe, and may cause psychological damage as well.
Common
Bases for recovery:
1) Dog Bite Statutes: Laws in numerous states impose "strict liability"; that means the owner is held responsible, regardless of whether he or she was negligent.
2)
The Common Law Rule:
In addition to statutes the courts have developed a system of rules called
the "common law". The common law imposes liability on a dog
owner if the owner knew the dog was inclined to be dangerous to people and
had a tendency to cause the type of injury that was, in fact, suffered.
3 )
Negligence:
Under the negligence theory, the victim must prove that the owner's
careless behavior in handling or controlling the dog directly caused the
injury.
What
type of damages are available?
In most personal injury cases, the victim may be compensated for medical
bills, lost wages, pain and suffering, as well as damage to property. If
the owner's conduct was outrageous or the dog had injured someone
previously, the owner may be liable for punitive damages. Damages for pain
and suffering, although more difficult to assess, may also be recovered.
However, the extent and value of the damages must be proven by the bite
victim.
Generally, the law imposes liability on the dog owner. However, other
persons may be liable if he or she was negligent or maintained custody or
control of the dog with knowledge that the dog was dangerous. In cities
with a "leash law," violation may constitute a form of
negligence.
The city where the attack happened might have laws that favor the victim even more than the state law. Dog bite law is unique because of the many different local laws that must be considered. Those laws might make it easier to find the defendant liable, or might increase the dollar amount of damages that the victim can obtain.
Experienced
lawyers have the ability to pursue other liable persons when necessary to
compensate the victim. Again, it is very important that you consult an
attorney if you are a victim or are being sued. Each state has different
laws, so it is important to consult a lawyer in your own state.
Common sense advice: As with any accident that involves visible injuries and other physical evidence it is usually wise to take photographs of the scene, injuries and any other physical evidence (e.g. damaged car; motorcycle; bicycle or any other physical evidence that supports your injury case). Do not speak to any insurance adjusters. No matter how helpful, friendly, or compassionate a liability insurance adjusters may seem, you must always keep in mind that it is the job of that adjuster to limit the amount of money the insurance company will have to pay on your claim to the greatest extent possible. Therefore, do not speak to any insurance company representatives nor sign any documents before you consult with an attorney!
