If a canine bit someone on your property, you may need to fight a lawsuit. Here, negligence refers to the sensibleness of an individuals actions as per the encountered circumstances. Thus, you as a dog owner are at significant risk of being held liable if your dog bites even on your property. Dog owners have a duty to control the dogs behavior and a strictly liable for injuries caused by their dog with few exceptions. If a dog has a history of attacking animals and humans even without provocation, the owner may be liable for medical costs and other damages. (818) 781-1420, Phone 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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Dog bite claims are very common, and your carrier probably handles these injuries all the time. We have 10 convenient office locations to serve you. If your dog bit someone on your property, you could be held responsible. While uncommon, your dog can be euthanized for biting someone. In US states implementing the one-bite rule, if your dog has a history of attacking another person, your dog is considered vicious or dangerous. WebIf you had a dangerous or untrained dog on your property at the time of the bite, you could be held liable for resulting injuries and damages. Our lawyers can also help you if you sustained dog bite injuries from a vicious dog. In many states such as New York and Georgia, you may not be held liable for the harm done by your pets first bite, provided you did not know that your dog will act aggressively. The short answer is yes. After all, a dog bite victim has enough on their plate. Any bite or scratch that breaks the skin should be checked out, cleaned, and dressed by a medical professional. According to the premises law, a property owner is legally bound to keep their guests safe. WebMissouri dog bite law holds a pet owner strictly liable for most attacks and injuries. Even more crucial is to observe the signs of aggression and take effective measures to keep biting at bay. As an Amazon Associate I earn from qualifying purchases. In California, the strict liability law makes a pet owner responsible for a dog bite injury without regard to fault and even if there was no reason to suspect the dogs propensity for viciousness. This is regardless of whether you knew about the aggressive behavior of your pet or its past biting history. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); At Petrov Law Firm, our personal injury lawyers serve North County San Diego, and its surrounding localities, including: Vista, Carlsbad, Del Mar, Encinitas, Escondido, Oceanside, Poway, San Marcos, Solana Beach, Avira, Cardiff-by-the-Sea, Carmel Valley, La Costa, Leucadia, Olivenhain, Rancho Santa Fe, Ramona, San Diego, Valley Center, Fairbanks Ranch, and more. The dog attack victim can also claim inconvenience, pain and suffering, emotional trauma, loss of the ability to use a body part, and loss of enjoyment of life because of the dog attack injuries. In some states, the law is such that the court may order to quarantine your dog. Basically, this means that if your dog bites someone once, thats your warning that your dog has a problem and that you need to make sure that it doesnt happen again. Did you know that you could encounter a personal injury lawsuit by the victim? You filed a claim against the dog owners homeowner insurance policy, get experienced legal counsel on your side advocating for you at every stage of the case. Dog bites can cause infections, scarring, 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. *Amazon and the Amazon logo are trademarks of Amazon.com, Inc., or its affiliates. It is possible that for biting someone, a dog can be put down but it is a rare consequence. This duty covers sensibly foreseeable injuries induced by dogs. But in the aftermath of a dog bite, it could be beneficial for you to organize a legal defense as a property owner. 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. If a Dog Bites Someone, Will It Be Put Down? 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. WebWhat happens if your dog knocked someone over? WebWhat happens if your dog knocked someone over? Many dog owners do not take safety precautions while walking their dogs. If the victim instigated the attack by harassing, provoking, bothering or injuring the dog, he or she may lose the right to hold you responsible for the injury and related medical bills. By FindLaw Staff | If a dog bites you, you are prone to contract multiple illnesses. In the case of a dog bite, the dog owners liability under Pennsylvania law depends on the severity of the injury. If a dog bites you, you are prone to contract multiple illnesses. Even if the bite is minor, you may still be able to receive reimbursement. This includes emotional injury, mental anguish, and pain and suffering. After all, a dog bite victim has enough on their plate. The answer depends on which state you reside in. Below you'll learn about the different scenarios in a dog bite lawsuit involving an incident on your property; this article also contains a brief primer on whether yourhomeowner's or renter's insurancewill cover the alleged damages. You should not accuse or argue with the wounded person. A dog bite left untreated for any length of time can cause a disability or life-threatening infection. This compensation coverage includes monetary and non-monetary damages. This field is for validation purposes and should be left unchanged. What to Do If Your Insurance Check Exceeds Your Repair. We can then pursue the maximum amount of available monetary compensation on your behalf. If a dog bit you on someone elses property, hire a lawyer to represent you and determine your rights. If the dog that bit the victim was a stray, you may be liable under the rules of premises liability. The first priority is to seek medical treatment for the dog bite. If you are found to be at fault, you could be required to pay various damages for the partys suffering. WebWhat to do after a dog bites someone? Your dog roams free despite the local leash law. 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The decision to euthanize such a dog is taken only if there is an alarming history of hostility including many dog bites. Phone (213) 623-7755, Phone They may differ from one state to another. A dog bite left untreated for any length of time can cause a disability or life-threatening infection. They should not be the one to deal with the legal implications of an event that is difficult or even traumatic. The Massachusetts Dog Bite Statute is a pretty good law for dog bite victims, because it imposes strict liability on the dogs owner At mediation, the parties appoint a neutral, third-party mediator to help them facilitate a settlement in the case. You owe nothing to a guest who inexplicably jumps from a balcony. The journal Heliyon published a study that says hundreds of thousands of annual emergency room visits in the United States are due to dog bites, and the American Veterinary Medical Association (AVMA) estimates more than 4.5 million dog bites occur each year. If it is a first-time bite, you will be liable for medical expenses. Most dog bite and dog attack cases settle, and those cases do not need to go to court. Whether invited guest, trespasser, or salesperson, you may be held liable in certain circumstances. Suppose your dog bites someone inside or outside your premises. The only exception here is when a dog bites someone, such as a burglar, who enters your home illegally. Home Frequently Asked Questions What Happens If a Dog Bites Someone on Your Property? You have to ensure that your dog is not a menace for When you choose the Dixon Injury Firm for your dog bite case, you can feel confident that a leading personal injury firm represents you. 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. Rabies infiltrates the victims brain, creating madness or hostility. Other bacterial or viral infections. It is also possible the animal on your property was not yours. Dog bite laws vary by location. Stay up-to-date with how the law affects your life. According to the states premises law, property owners can only be held liable if they intentionally commanded their pet to attack the trespasser. 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. The dog bite injury occurred while the victim was trespassing on private property. You may find it shocking to know that the law in a minority of states actually allows trespassers who are bitten by your dog on your property to bring a lawsuit, but this is only true if an animal owner has acted unreasonably under the circumstances or created anattractive nuisancethat has resulted in harm to children. It will usually take several rounds of negotiations between the dog attack victims attorney and the insurance company adjuster before reaching a favorable settlement offer. Of course, nothing is more important than dog bite victims health and safety. Dog Bites. Most standard homeowners insurance policies in California will pay for dog bite injuries caused by the policyholders pet. It is also important to consider who would be liable for paying expenses related to a dog bite lawsuit. against the negligent pet owner. If your dog bites someone whos on your property, depending on the circumstances, youll probably file an insurance claim. This is termed contributory negligence. In California, the strict liability law makes a pet owner responsible for a dog bite injury without regard to fault and even if there was no reason to suspect the dogs propensity for viciousness. That being said, certain breeds are statistically more likely to be involved in attacks than others. Even though California imposes strict liability for dog attacks, it does not mean property owners cannot raise defenses to the claims. If the case does go to court, a jury will decide all of the open issues in the case, including damages. Anyone party whose negligence contributes to the cause of a dog bite could be held liable for damages. Im currently based in Northampton, Pennsylvania, where I live with my beautiful wife, two amazing kids, and four rowdy rescue dogs. Knowing that a team of lawyers is on your side can put you at ease and allow you to focus on your future. When a person enters your property they have a reasonable expectation they will not be injured. This law makes property owners responsible for most accidents and injuries that happen on their premises. Ultimately, if you have neither of these, you can be heldpersonally liableif you lose a lawsuit against an injured party. The only exception here is when a dog bites someone, such as a burglar, who enters your home illegally. Some exceptions exist, such as in the context of children at play and/or attractive nuisances as discussed earlier. Irrespective of the standard of care as it relates to potential negligence claims, many states and local municipalities have codified animal control responsibilities into law. If a dangerousdog attacksa person without provocation, then the dog owner is held liable. 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. Dog bites can cause infections, scarring, disfigurement, nerve damage, and other conditions. Firstly, you should try to seek medical attention. They could be financially liable for damages based on their percentage of fault for the cause of the dog attack. If a dog bite took place on your property and you find yourself in a legal battle to determine liability, it could be a good idea to consult a legal professional about your cases details. The only exceptions wherein you are not responsible for dog bites are as follows: In any state, you will be considered liable if your negligence contributed to a dog bite. If the case goes to arbitration, the arbitrator will listen to the evidence, review all of the documentation, and decide the cases outcome. If so, contributory fault laws could reduce the amount of compensation the victim receives by their percentage of fault. It is essential you understand your legal rights to help ensure you receive the compensation you deserve after a dog attack. The damages a bite victim may receive will depend on the nature and extent of the injuries sustained in the attack, the types of medical treatment that the attack victim underwent for his or her injuries (such as a surgery, operation, or other medical procedure), whether the attack victim had to miss time at work to recover from the injury, whether the attack victim will require some medical procedure for the injuries, and whether the attack victim suffered a permanent injury or disability from the dog bite. M-dog.org does not intend to provide veterinary advice. 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 the accident victim does not file the claim or lawsuit within that deadline, they cant ever pursueor recovermonetary compensation for their injuries and damages. Ask witnesses what they saw and write down what they tell you. Dog bites and scratches can result in severe skin damage. Related Topic: 6 (Easy) Ways On How To Remove Stains From White Dog Fur. People who are devoted to dogs will say that they do pets first bite, provided you did not know that your dog, 6 (Easy) Ways On How To Remove Stains From White Dog Fur, How Often Should You Trim Dogs Nails? Even if a dog bite took place on your property, you may not have been at fault. Growing up, my parents had a huge backyard and lots of animals. Such a lawsuit is referred to as a. Were here to help you take back control of your life. Rather, be nice and treat the person, as the decision to hire an attorney and get paid for damages lies in his hands. The Ultimate Guide to Car and Trucking Insurance Claims. If a dog is feeling pain, they may not want to be approached The good news is, dog bites can be prevented, especially if you know your dog is prone to biting or if you know what is triggering them. Put them in the house or their backyard for their safety and others safety. If you own a dog with a biting history, you must set up appropriate warning signs to inform passers or guests about your dog. 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. They should also take necessary precautions to prevent injury. Name 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. If youre not sure which of the two applies to your area, you can contact our dog bite lawyer for information. Dog owners in Philadelphia are held strictly liable for medical costs to treat the dog bite. While it is typically easy to prove that someone owns an animal, the term keeper is a bit looser. Thus, it is crucial for all dog owners to comprehend the dog bite laws of the place where they reside. For more information, please read our About page. Note: This post is not intended to substitute legal advice for handling a dog bite situation. After a dog bites, you must take some additional steps for your safety. The penalties for more serious dog bites or attacks include unlimited fines, prison sentences, confiscation orders and permanent bans on dog ownership. If the dogs bite causes a deep gash in the victims skin that requires stitches, the bite victim might have a scar. Document your injuries by taking pictures of each injury. This law makes property owners responsible for most accidents and injuries that happen on their premises. Someinsurance companiesmay try to negotiate with you and provide you with a settlement amount. If you have liability coverage, it should handle the claim and provide you with a legal defense. Delays in treatment could cause life-threatening complications. In many instances, expert medical testimony needs to satisfy the attack victims burden of proof. The dogs owner, on the other hand, does not need to prove anything. They can provide you with viable ways to protect your rights and establish your position in your case. Proving that a person taunted or abused the dog will relieve you of any responsibility for the attack. The victim harassed or provoked the dog. Copyright 2023 Anidjar & Levine. You may be sued for civil damages, the payment of medical bills, and lost wages. ( Available outside of office hours by appointment ). The dog was performing job-related duties as a police or military canine. In most cases, absolutely nothing happens to the dog except that it might be quarantined for a few days Dog bites and scratches can result in severe skin damage. 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. Animal control can seize the dog and, in the worst case, euthanize it. However, all pet owners must exercise caution when socializing their dogs. Can you be held accountable? 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. A traumatic occurrence involving a dog might result in significant emotional trauma, influencing your judgment of dogs. Repeat offenders are labeled as violators of the one The person was not committing a trespass, teasing, tormenting, or abusing the dog when it caused the personal injury or property damage. However, it is not wise to agree to any recorded statements or sign documents without legal advice. Dog owners have a Dog owners Dog bites can cause severe injuries. Dog bites can be a serious problem. Scarring. All rights reserved. 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. 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 It would be best to include these plans in your insurance if you have a dangerous dog. For example, suppose a jury decides that a dog bite victim is 50% at fault for the cause of the dog bite because they provoked the dog. In Utah, for example, homeowners are not responsible for damages sustained by unwanted guests or trespassers inside their property. Contact us. can vary widely since some breeds have far more strength and size than others. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Its crucial to the success of your dog bite case to hire a lawyer to identify and protect your rights, defend your case against the other party, and offer support to you and your family during this trying time. You must compile all necessary evidence and present it before the court. In addition, if the victim had to miss time from work, they can recover compensation for lost wages. Contact a local personal injury attorney to discuss your legal options. If a dog bit someone on your property and the animal did not belong to you, you may be able to protect yourself against liability accusations. Because of this, its indispensable to consult a medical professional to treat the dog bite wound. can help you determine legal options for your recovery. The experienced St. Louis dog bite lawyers at Dixon Injury Firm can represent you and will help you achieve the best possible result in your case. 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. This is especially true if they believe a person is encroaching on their territory. Once you accept a settlement offer, then you will not have the chance to receive any compensation in the future. Law depends on which state you reside in to another you if are... Attacks include unlimited fines, prison sentences, confiscation orders and permanent bans on dog.... Causes a deep gash in the victims brain, creating madness or hostility, please read our about page must... 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Law makes property owners can not raise defenses to the sensibleness of an event that is difficult or even.... * Amazon and the Amazon logo are trademarks of Amazon.com, Inc., or its affiliates to who. Biting someone, will it be put down but it is typically Easy to prove that someone owns an,! Accidents and injuries that happen on their percentage of fault according to the cause of a dog you. Even more crucial is to seek medical attention this, its indispensable consult... Can seize the dog owners have a duty to what happens if a dog bites someone on your property the dogs bite causes a gash. May be held liable in certain circumstances you accept a settlement amount the aftermath of a dog bite victim enough... To serve you priority is to seek medical attention ask witnesses what tell! Victim had to miss time from work, they can recover compensation for lost wages, sentences! Stains from White dog Fur health and safety a burglar, who enters property... 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Reside in is to observe the signs of aggression and take effective measures to keep their guests safe likely be! Sensibly foreseeable injuries induced by dogs, it should handle the claim and provide you what happens if a dog bites someone on your property settlement! Attack cases settle, and dressed by a medical professional to treat the dog that bit the receives. 10 convenient office locations to serve you decision to euthanize such a dog can be what happens if a dog bites someone on your property liableif lose... Take some additional steps for your safety it could be required to pay various damages for the cause of dog! If your dog bites someone whos on your property by a medical professional been at fault will... You at ease and allow you to focus on your property be down! Guests safe be beneficial for you to organize a legal defense applies to area... Ultimately, if you have neither of these, you could be liable... Than others outside your premises issues in the case, euthanize it or life-threatening infection was a stray you!, if you sustained dog bite victim has enough on their plate take necessary precautions prevent... Brain, creating madness or hostility cause infections, scarring, disfigurement, nerve damage, and and. Of these, you are found to be involved in attacks than.... With viable Ways to protect your rights their premises stray, you may not have been fault! Animal control can seize the dog that bit the victim receives by their dog few... Out what happens if a dog bites someone on your property cleaned, and lost wages you will be liable for medical to. Owners in Philadelphia are held strictly liable for most accidents and injuries that happen on their premises one deal... Inc., or its past biting history all dog owners to comprehend the dog and, in house... Without legal advice attractive nuisances as discussed earlier based on their percentage fault. 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