You may have to pay If you own a dog with a biting history, you must set up appropriate warning signs to inform passers or guests about your dog. Dog owners North County San Diego Personal Injury Resources, Vehicle and Driver Requirements for Uber and Lyft, Nine Factors That Determine How Much To Expect From a Car Accident Settlement in California, Nine Things You Should Know About a Free Personal Injury Lawyer Consultation. This duty covers sensibly foreseeable injuries induced by dogs. Among the most dangerous breeds are: Any animal can snap, but the history of an animals behavior and how its owners control it in public could be more important than their specific breed. In other words, the dog owners or the property occupiers must ensure relatively safe surroundings for all people. These are one bite law, strict liability law, and negligence law. For more information on how our dog bite lawyers in St. Louis can help if a dog bit you, call (314) 208-2808, or contact the Dixon Injury Firm today for your free consultation, and we will explore the options available in your case. For example, is a business owner liable if a customers dog bites another customer? In civil cases,strict liabilityclaims mean that the plaintiff doesn't have to prove that the defendant acted in a careless (negligent) manner in order to recover damages for injuries. Individual households can have up to four adult dogs and six puppies Please try again. After all, a dog bite victim has enough on their plate. by not using leashes or muzzles) , they may sue for damages in many states. (562) 436-4696, Phone If the dogs bite causes a deep gash in the victims skin that requires stitches, the bite victim might have a scar. Instead, California imposes strict liability for dog owners under California Civil Code 3342. The facts and circumstances of the case determine liability. If your dog does begin to attack someone, act decisively to control, leash, and pen it as quickly as possible. If a dog bites someone on your property, they may try to take legal action against you. Once you accept a settlement offer, then you will not have the chance to receive any compensation in the future. Anyone party whose negligence contributes to the cause of a dog bite could be held liable for damages. Additionally, proving that a person was on your property without your knowledge or permission will also mitigate your responsibility in any dog bite incidents. If someone experienced any of the following forms of suffering after a dog bite occurs on your property, they could take legal action: When someone is injured from a dog bite, determining liability ultimately determines who is legally responsible for paying damages. Dog bites can cause minor-to-severe injuries and suffering. However, if there is an incident that someone is bitten on your property, having a Beware of Dog sign posted on your property suggests that you had prior knowledge that your dog was mean/vicious. Doctors will attempt to restore the damage caused by the dog attack when the skin is seriously injured. If the victim does not have your permission to be on the property and he or she is over the age of 18 you do not owe the victim any duties of care and are not legally responsible for an injury. This includes compensation for medical expenses, lost wages, and pain and suffering. Related Topic: 6 (Easy) Ways On How To Remove Stains From White Dog Fur. Thats when we went to an animal shelter and fell in love with the most adorable little rescue pup. This is the case even if you had a Beware of Dog sign on your property. In Utah, for example, the property owner does not hold any real responsibility for the trespasser. The person who invited the guests should at least inform the guests about the dogs presence inside the premises. An attorney may also be able to defend dog owners against any unjust charges. Californias strict liability dog bite law applies to the owner, possessor or harborer of any dog. A traumatic occurrence involving a dog might result in significant emotional trauma, influencing your judgment of dogs. The victim can file a claim against this insurance policy, seeking monetary compensation and all related damages for injuries sustained. can help you determine legal options for your recovery. The short answer is yes. This includes keeping potentially dangerous animals away from guests or being sure to put up warning signs about the animal's propensities. File a written report with the local animal control agency. When your dog bites someone on your property (which may include your car), its important that you reach out to your home or renters insurance to alert them of the incident. In some instances, the dog will knock the victim to the ground causing other injuries, including a head injury, broken bones, or a soft tissue sprain/strain. This is called the standard of care. If the dog that bit the victim was a stray, you may be liable under the rules of premises liability. Dog bites can be a serious problem. WebMissouri dog bite law holds a pet owner strictly liable for most attacks and injuries. Most US states do not follow the one-bite rule. Most insurance policies have coverage for medical expenses for injuries that took place on your property. Such cases become even more critical when children become victims. It is possible that for biting someone, a dog can be put down but it is a rare consequence. ( Available outside of office hours by appointment ). In states following the strict liability statute for dog bites, such as Utah, dog owners are strictly liable for any injuries a victim sustained from a dog attack. Call us at (800) 362-7427 or click here to discuss your case with us today. Injuries that a dog attack victim suffers can lead to medical treatment and other serious consequences. For instance, Florida'sdog bite statuteonly allows persons to sue the owner or occupier if they are bitten by a dog and that person is in a public place orlawfully in a private place. The answer depends on which state you reside in. When people step onto your property, they have a judicious expectation that they will not be harmed in any way. But its best to contact a personal injury lawyer to discuss your case as soon as possible. This measure is implemented in the majority of dog biting cases. If a canine bites you, you must get medical attention as quickly as possible. The dog owner is liable for damages caused by their dog if the dog bites another person. Some of the. Even if the bite is minor, you may still be able to receive reimbursement. In dog bite cases the victim has the legal burden of proof. It is also important to consider who would be liable for paying expenses related to a dog bite lawsuit. The Do Dogs Have Souls Debate: The Answer To This Question Is Shocking! The only exception here is when a dog bites someone, such as a burglar, who enters your home illegally. This is because dog bites are considered to be a public health hazard, and the information that is gathered from reports of dog bites can be used to help prevent future dog bites from occurring. However, there is an exception to the rule if: Californias strict liability dog bite law means that if your dog bites someone on your property, you will most likely have to pay for the victims related medical bills and property damage. You should not accuse or argue with the wounded person. Seeking the professional assistance of a dog bite lawyer can immensely increase your chance of winning your case. M-dog.org does not intend to provide veterinary advice. All the above information will contribute to your evidence and strengthen your case. All of this medical treatment is expensive, and the victims medical bills can mount up very quickly in the weeks and months following the dog attack incident. Non-economic damages: On the other hand, this compensation coverage is for personal or subjective damages. However, this does not mean that you cannot defend your side. You can rest assured that when you retain the Dixon Injury Firm to handle your dog bite legal matter, we will provide you with the thorough, efficient, and result-oriented legal representation that both you and your dog bite case deserve. However, there may not be sufficient space in shelters to house each pet accused of hurting someone. Dangerous Propensities. Put them in the house or their backyard for their safety and others safety. The first priority is to seek medical treatment for the dog bite. Knowing that a team of lawyers is on your side can put you at ease and allow you to focus on your future. Appointing liability in a dog bite case can be a challenging task. The exact rules about handling the cases of dog bites and deciding about euthanization vary by city, town, state, and county. As the dogs owner, you must be prepared to take accountability for your canines actions. WebWhat to do after a dog bites someone? Answering this question is easier when you first understand what can happen. This field is for validation purposes and should be left unchanged. Generally, puppies who are under the age of four months are not allowed to enter dog parks. In the United Kingdom, the dog bite laws are now strict. As an Amazon Associate I earn from qualifying purchases. (661) 362-0881. They should also take necessary precautions to prevent injury. If your Chihuahua Daffodil has sunk her teeth into people in the past, you are on notice that she can be considered dangerous under the law. Dog bites can be a serious problem. In the absence of valid insurance coverage, you could pay the medical expenses of the injured person and even reimburse the other losses apart from paying your legal fees. This field is for validation purposes and should be left unchanged. Hi, everyone! For more information, please read our About page. The victim will simply sign a release that states that they will not file a claim or lawsuit at any point in the future arising from the same incident. According to the states premises law, property owners can only be held liable if they intentionally commanded their pet to attack the trespasser. They can provide you with viable ways to protect your rights and establish your position in your case. What Happens if a Dog Bites Someone on Your Property? Thus, it is wise to find a proficient personal injury attorney and search valid contact information to know about the law details in the region where you live. Of course, nothing is more important than dog bite victims health and safety. For further assistance with a dog bite injury claim as the plaintiff or defendant , California has a strict liability dog bite law under. This will help you to train your furry friend to cope or shift it to a safe place while dealing with guests or visitors. Some states have a one bite rule for personal injury claims involving dog attacks. 2023 by Rose, Klein & Marias LLP.. All rights reserved. In Utah, for example, homeowners are not responsible for damages sustained by unwanted guests or trespassers inside their property. Having legal representation can help you organize your defense, manage your expectations about your cases results, answer your questions, offer general support, explain each step of the legal process, and more. The victim does not need to prove the dog had a history of biting people, or the dog owner should have known the dog was vicious to recover damages. According to Pennsylvania law, if your dog has a history of biting people, it is considered dangerous. For the bite, you must properly rinse the wound with water and apply antibacterial medication. If youve been injured in North County, contact our law firm to discuss your legal options today. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); What Happens If a Dog Bites Someone on Your Property? Animal control can seize the dog and, in the worst case, euthanize Any bite or scratch that breaks the skin should be checked out, cleaned, and dressed by a medical professional. According to pethelpful.com, the number of dog bites in the U.S. alone is in millions; dogs attack around 4.5 million people each year. Other significant measures that you can take to avoid such accidents are: Dogs are undoubtedly loyal and loving animals who deserve to socialize with other people and pets. This means the owner or occupier of the property, such as a renter, must maintain a reasonably safe environment for all persons entering the premises. But what happens if a dog bites someone on your property? Dog owners owe a duty of care to prevent harm to others on account of their dog. For example, if someone regularly feeds a stray dog that visits their property, and the dog bites someone while on the persons property, the property owner is a keeper in the accident, and must compensate the injured person for damages. Wrap the wound in a sterile bandage. In addition to rabies, various germs can live in a dogs teeth and tongue. When a vicious dog bites a person, the victim can suffer teeth marks on the skin, deep gashes, cuts, abrasions, scrapes, and puncture wounds on the skin. Given the relatively short time to bring a claim or a lawsuit for a dog bite, victims of dog bites should retain experienced legal counsel to represent them as soon as possible. If the defendant could provide evidence that the dog was teased, attacked, or tempted to attack, the court can let them off the hook. If a dog bites someone on your property, you may be liable for the dog bite injury as the owner of the dog or under a theory of premises liability. Establish a legal duty of care between the property owner and the victim, Prove the property owner breached the duty of care, The dog bit victim sustained damages because of the property owners breach of duty. Similarly, if a landlord knows that a stray dog often visits a property, strangers easily disturb it, and the animal bites someone, the landlord can bear liability for the victims damages for allowing the dangerous dog on the property. Such a lawsuit is referred to as a. Were here to help you take back control of your life. Keep in mind, this is a general overview and each state has its own, unique dog bite laws and statutes. The attack can occur on public property or when the victim is lawfully on private property. Homeowners insurance policies cover the policyholders property, which includes dogs by legal definition. Reviewed by Robert Rafii, Esq. The email address cannot be subscribed. That the owner should have reasonably known that their animal can harm someone on their property, That the property owner, knowing that the dog is dangerous, should have taken precautions to prevent potential accidentssuch as keeping the dog on a leash, That the owners negligence played a big part in the accident occurring. Similarly, a person who teases a dog into attacking cannot blame you for keeping a dangerous animal, nor can a burglar who gets bitten by your dog file an insurance claim. Dog bites are held to a high standard by the state; owners are held liable for any damages sustained when their dogs, without provocation, bite, or harm a person who is within their lawful right to do so. Contact the authorities, even if the person says they are fine. If your dog has a history of biting people in the past, your pet is considered dangerous under the law. However, there is an exception to the rule if: The dog bite injury occurred while the victim was trespassing on private property. If your dog bit someone on your property, you could be held responsible. It would be best to include these plans in your insurance if you have a dangerous dog. On the contrary, if you did everything in You can also show a certificate indicating your dog has been going trained and any DNA testing that proves your dogs breed. The best way to know who is liable for your dog bite claim is to talk with a Vista dog bite lawyer about your case. Some exceptions exist, such as in the context of children at play and/or attractive nuisances as discussed earlier. Specific insurance policies provide dog attack coverage. If the dog has no history of biting or attacking, you may not be liable for other expenses. If a dog bit you on someone elses property, hire a lawyer to represent you and determine your rights. You have to ensure that your dog is not a menace for health staff, postal workers, delivery staff, and other professionals who may come to visit you. What to Do If Your Insurance Check Exceeds Your Repair. If the property owners insurance company decides to accept liability for the case, the adjuster might make an initial offer to settle. Despite the strict liability dog bite statutes placed upon dog owners, various legal defenses are available for them. We already discussed the liabilities accompanying if your dog bites another person. If a dog bites you, take these steps right away: Wash the wound. As the dog owner, whether or not you are at fault also depends on whether you displayed a warning sign or indicated that you have a dangerous dog on your property. Create a list of the following details: Name and contact information of the dog owner, Any details of you can recall about the event, Under Pennsylvania law, a victim of a dog bite generally has, from the date of the incident to file a lawsuit. Dog bites can cause infections, scarring, disfigurement, nerve damage, and other conditions. Copyright 2023, Thomson Reuters. For instance, if your dog bites someone strolling past your driveway and then someone else in the same area. In many instances, expert medical testimony needs to satisfy the attack victims burden of proof. When that happens, it will help you to enlist the advice and representation of a personal injury lawyer who defends homeowners and dogs. It is law enforcement who will decide whether the dog must be removed from the possession of the owner if the dog is causing a serious threat to the public. However, there are exceptions here, which are as follows: Several states such as New Jersey and California follow this law when it is the matter of dog bites. WebA: Yes, dog bites must be reported in New Jersey. Dog bite laws state that a dog owner is not liable for damages if the victim provoked the dog. To further understand the legalities behind these cases, we outlined some situations below: The dog bite statute states that guests invited by property owners can hold them liable for the dog attack. Keep copies of all medical bills, invoices, and receipts for expenses related to the dog bite. If a dog injured you on someone elses property, the knowledgeable team of St. Louis dog bite lawyers at Dixon Injury Firm can explain your eligibility for some or all of these types of damages. What Happens if a Dog Bites Someone on Your Property. A safeguard against this, however, may be to put up a warning sign, indicating there is a dangerous dog on the property. Even more crucial is to observe the signs of aggression and take effective measures to keep biting at bay. If a third party decides to take legal action following a dog bite on your property, they could do so by filing a lawsuit. Animal control officers have standing orders to impound dogs that have a history of biting people, that lack up-to-date vaccinations, or whose owners do not have all the proper paperwork. A knowledgeable St. Louis dog bite lawyer at Dixon Injury Firm can help you file a claim or lawsuit if a dog attacked you on someone elses property. Ask witnesses what they saw and write down what they tell you. In many instances, an initial settlement offer will not fully compensate the dog attack victim for their injuries, damages, and everything they went through following the incident. (805) 642-7101, Fax What happens if a dog bites someone [] Meeting with a lawyer can help you understand your options and how to best protect your rights. Statutes of limitation ensure that witnesses memories remain fresh and that a dog attack victim can recall exactly what happened during the incident if they need to testify in court. If this breach results in injuring someone through a dog bite, you may be on the financial as well as legal catch for all damages. Other bacterial or viral infections. If a dog bites someone on your property, you may be liable for the dog bite injury as the owner of the dog or under a theory of premises liability. For example, if someone regularly feeds a stray dog that visits their property, and the dog bites someone while on the persons property, the property owner is a Dog Bites. To prove your dog did not bite someone, you need to give evidence that your dog was not responsible for the bite. If your dog happens to bite someone in a public place, then you can be responsible for the injury. It is essential you understand your legal rights to help ensure you receive the compensation you deserve after a dog attack. Depending on the injuries they suffered in the attack, victims may also need to follow up with a primary care physician or family doctor, undergo surgeries or other intensive medical procedures, and/or participate in physical therapy and rehabilitation sessions. Dog owners Dog Bites. According to this law, you as the dog owner are responsible for all injuries caused by your dog. As long as the victim did not provoke your dog, the victim was lawfully on your property and the victims injuries were the result of a dog bite, you will be liable for damages. This means that you are responsible for injuries your dog causes when such injuries were preventable. Most policies have some form of coverage available in the event you are sued due to an animal bite on your property. Dog bites and scratches can result in severe skin damage. There are several potential reasons why a dog may be tempted to taste blood including curiosity, boredom, hunger or lack of proper nutrition in their diet, medical Unfortunately, the law does not require a dog bite mark to prove a dog attack. As the data suggests, dog bites are more common than you might expect. Conversely, if you were bitten by a dog on someone elses property, you may be able to recover damages from the property owner. Just like you must keep stairs in good repair to protect visitors from trips and falls, you must train and fence your dog so it does not attack people. In some Suppose your dog bites someone inside or outside your premises. Quick and appropriate treatment reduces infection risk and speeds healing. So, read on to explore more. You also need to know when the law may hold you responsible for the damages induced by your dog. If the dog that bit the victim was a stray, you may be liable under the rules of. The owner of a dog which bites a person when the person is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog, is liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owners knowledge of its viciousness. Is a landlord liable for a tenants dog that bites someone? For example, if the dog attack victim suffers a deep bite wound, they might need to go to the hospital or urgent care center to get stitches. However, you will need an attorney on your side to assist with your claim. This viral infection is a devastating disease that frequently affects dog injury victims. All Rights Reserved. Even if a dog bite took place on your property, you may not have been at fault. This means that an individual will be financially responsible (liable) for injuries or damage caused by a dog even if the owner was not negligent. When a dog attacks or bites a person on someone elses land, then, the property owners homeowner insurance policy may come into play. Can I Hold Trucking Companies Liable for Truck Mechanical Failures? That being said, certain breeds are statistically more likely to be involved in attacks than others. Because of this, you can be held strictly liable for any injuries incurred by your dog. However, all pet owners must exercise caution when socializing their dogs. If a dog bites someone on your property, you may be liable for the dog bite injury as the owner of the dog or under a theory of premises liability. Im currently based in Northampton, Pennsylvania, where I live with my beautiful wife, two amazing kids, and four rowdy rescue dogs. The penalties for more serious dog bites or attacks include unlimited fines, prison sentences, confiscation orders and permanent bans on dog ownership. While uncommon, your dog can be euthanized for biting someone. Even if you were watching someone elses dog, you could still be held liable. The first thing you will need to do is request medical assistance and help the victim with their injuries. In some states, the law is such that the court may order to quarantine your dog. Fill out the form to get started with your free case evaluation. Is Hurricane Insurance the Same As Flood Insurance in Louisiana? Name There is no federal dog-bite law in the United States, so penalties and processes differ from state to state, and in Can you be held liable in this case? If you have liability coverage, it should handle the claim and provide you with a legal defense. Moreover, you also need to give proof of the dogs vaccination status along with the veterinarians address. Each of these problems could crop up even if the dog bite victim has no grounds for taken legal action. This means that even if the attacking dog is not known to be vicious, the dog owner can still be held liable for the attacks. Petrov Law Firm | October 21, 2022 | Personal Injury. According to a post at nolo.com, if a dog bites someone on your property, as an owner, you probably face strict liability for the injuries. These options include mediation or arbitration. Document your injuries by taking pictures of each injury. In other words, a dog owner may be prosecuted if the pet attacks someone on an owned property, including the pub area and backyard.
