Dog Bite Lawsuits: Can You Win?

In every state, dog owners are required to prevent their dogs from biting other people and other animals. They can be held liable if their dog bites someone and injures them, but according to the experts at Grillo Law, it’s sometimes a complicated process, especially if the dog owner doesn’t have insurance. Here’s all you need to know about dog bite lawsuits and how to make sure your rights are protected if you’re ever injured by a dog and need compensation.

The Basics

To begin with, there are some commonalities among all laws regarding dog bites. The first is that the dog owner may have to compensate the injured party if it is determined they were negligent in taking measures to keep their dog from biting people. There is some gray area if the person provoked the dog or if they were breaking into the dog owner’s home or yard. In those instances, it’s possible for the dog owner to be found not liable for the injuries.

If found liable, the dog owner may have to make financial compensation for the injured party’s medical bills, lost wages, pain and suffering, and other expenses related to the injury. Most times, the dog owner’s homeowner’s or renter’s insurance policy will cover the payout for the dog bite injury. But, it can be tricky to get the insurance company to agree to pay. This is where hiring an attorney is often necessary so that the victim can get the settlement they need to pay their bills.

Civil Liability

Almost all dog bite cases will fall under civil law rather than criminal law. This means that the dog owner won’t be punished for the dog bite with a sentence of prison time. They will only be required to compensate the victim financially. Most states can hold a dog owner responsible for a dog bite injury regardless of the dog’s history or the owner’s negligence. So, a dog owner automatically accepts the risk of being found liable for a dog bite just by becoming a dog owner.

There are some states that don’t automatically assume a dog owner is liable for a dog bite and instead follow the “one-bite rule.” Essentially, this gives the owner a pass the first time a dog bites someone, but if the dog bites a second person or injures another animal, the owner can be found liable because they should have reasonably known their dog could be dangerous.

In these states, though, a dog bite victim can still receive compensation for a bite that came from a dog that has never before bitten anyone. But, they would have to prove the dog owner was negligent (meaning unreasonably careless). For example, they might have to show that the owner intentionally left a gate open that allowed the dog to bite someone walking on the sidewalk in front of the house.

Criminal Liability

It is much rarer for a dog owner to be found criminally liable for a dog bite, but it does happen. There are some states that have “dangerous dog laws” that can hold a dog owner criminally responsible for dog bites once it has been established that their dog is a threat to other people and animals. A judge may require the dog owner to comply with certain conditions to make sure their dog can’t bite anyone else, and sometimes, this includes euthanasia, especially if the dog is can’t be rehabilitated.

The dog owner is expected to comply with all conditions that the judge hands down and if they don’t, they may face criminal penalties that can include both fines and jail time. In certain, but rare cases, a dog owner can even be charged with manslaughter or a similar crime if their dog kills another person and did so because of the owner’s deliberate or reckless actions. For instance, if a dog owner commands the dog to attack another person, and that person dies, this could be potential grounds for a manslaughter charge.

Steps to Take if a Dog Bites You

The first step to take if a dog bites you is to assess its severity. If you have been bitten multiple times and your life is in jeopardy, get medical attention immediately. Do not worry about anything else at that time. Your only concern should be getting help. In many cases, the bite is severe, but not life threatening, so you can take some time to complete the other steps that could be critical to your success in getting compensation for your injury.

1. Get the name and contact information for the dog’s owner. Whether you’re at a park or in a parking lot, take the time to track down the owner and exchange information. Even if you do not plan to pursue a settlement, you could change your mind later, especially if you discover your injury or injuries are more serious than they appear at first. For instance, you may have twisted your ankle when you were trying to get away from the dog, so you now have a dog bite and a sprained ankle that will need medical attention.

2. You should also ask anyone in the vicinity who witnessed the incident for their name and contact information because they could be important as witnesses if you decide to pursue a settlement. Witnesses can be difficult to track down after the fact, so do your best to get their information right away.

3. Take photographs of your injury or injuries to document them right after the incident. Once they are cleaned and treated, they may not look the same, which can influence an insurance company officer’s or a jury’s opinion of the severity. You’ll want to get pictures after it’s been treated as well, but don’t forget to snap some shots with your phone as soon as you can.

4. Regardless of the severity of the bite, always seek medical attention. Not only should you get the bite treated (dog bites can be full of germs that can lead to infection), but you also want a medical professional to document your injuries and treatment plan. This will be an important part of determining your compensation, especially if you’re going to need ongoing treatment or will need to miss work for a while.

5. File a report with the police and/or animal control. The laws may differ in your city, so you may need to do some research to find out where to report the bite. Even if you do not plan to pursue compensation, you still need to officially file a report so that there is a record of the dog’s behavior in case someone else gets bitten later. In some states, the dog will also need to be quarantined for a period of time to ensure they don’t have rabies.

6. Check to see if the dog has bitten anyone else before you. While you’re filing a report, you can find out if there have been other reports regarding this dog. You want to do this for a couple of reasons. First, if there are multiple incidents on record, the dog represents a threat to other people and it needs to be removed from the owner until a resolution is reached. Second, it could help you establish your case that the dog was dangerous and the owner knew it, which could lead to higher compensation totals.

7. Contact a personal injury attorney to protect your rights. You might not be ready to pursue a settlement, but you should talk to an attorney to find out whether you have a case and what you should do next. In most instances, a consultation with a personal injury attorney is free so you don’t have to worry about paying a lawyer to get some advice.

8. File a claim with the dog owner’s insurance company or file a claim in civil court against the dog owner. In the event that you decide to pursue compensation for your dog bite injuries, you will need to file a claim with the owner’s homeowner’s or renter’s insurance policy, if they have one. Almost all homeowners will have one, but renters are not as fastidious at obtaining insurance because it’s often optional. If the owner does not have insurance, file a claim with the civil court. An attorney can help you do either one and will know exactly the process to follow.

Conclusion

As briefly mentioned before, there are some factors that can get a dog owner off the hook for their dog’s bite. The first is if you trespassed onto their property and the dog bit you. The second is if you teased, taunted, or otherwise provoked the animal before it bit you. And the third is if your own recklessness or carelessness caused the dog to bite you. For example, if you put your hand over the fence to pet the dog and the dog bites you, it could be determined that you were careless in taking that action.

If none of these scenarios fit your situation, you probably have a strong liability case against the dog owner and may be entitled to at least some compensation. Your best bet is to consult an attorney to find out for sure.

This article does not necessarily reflect the opinions of the editors or management of EconoTimes.