Although dogs may be man’s best friend, dog bites or dog attacks still occur.  While certain dog breeds are classified as more dangerous than others, any breed can behave viciously.

Even though very few people die from dog bites, there is still the potential for serious or permanent injuries, which include:

• Broken bones;
• Fractures;
• Scarring;
• Lacerations and open wounds;
• Internal organ damage;
• Loss of mobility;
• Blood loss;
• Puncture wounds;
• Crushing injuries;
• Infection;
• Severed limbs;
• Nerve damage;
• Muscle damage;
• Permanent disfigurement; or
• Paralysis.

Strict Liability

Strict liability laws make a dog owner accountable for a dog’s actions even when the owner is not negligent.  A dog owner is held strictly liable if the dog actually bites an individual and that individual was bitten while in a public place or while lawfully present on private property.  In other words, a dog owner is liable if the dog bites someone in a public park, but is not liable if the dog bites a trespasser (e.g., home invader).

There are some exceptions, however.  Dog bite victims cannot sue or hold owners liable in the following circumstances:

• The dog was a police or military animal as part of a unit that was acting in the scope or course of its duties or employment, such as by attacking a suspect, searching for drugs, or protecting its handler;
• The dog did not bite, but instead scratched, tackled, or jumped on a victim;
• The dog bit another animal or pet (must pursue property damage compensation instead); or
• The victim is operating under the “Assumption of Risk Law” or “Veterinarian’s Rule,” which prevents people who work professionally with canines from suing due to the fact that they assume that the possibility of being bitten is a real and true risk (examples include groomers, veterinarians, veterinary technicians, dog walkers, dog sitters, dog trainers and kennel workers).

Negligence

In the event strict liability is not in play, you may file your lawsuit under the theory of negligence.  To do so, you must prove that you were owed a duty of care by the responsible party that was breached in some manner, and that the breach of duty led to an incident that caused you physical harm.  Bear in mind that if you wish to sue, you can only take action against the dog owner.  This means that a handler or friend watching a dog cannot be the target of your lawsuit.

There are many nuances present in laws pertaining to dog bites.  You do not want to fall into a potentially unfavorable situation due to misinterpretation of the law.  It is in your best interest to pursue the assistance of a skilled legal representative who can inform you of everything you need to know with the law and what the best course of action should be moving forward. Use the “Contact Us Now” link below for a free consultation.