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Injuries - Dog Bites and dog attacks
About 4.7 million people in America are affected by dog bites annually, with approximately 800,000 dog bite victims requiring medical treatment. One of the mothers of an attorney in our office was recently viciously attacked by the throat by a stray dog in her own driveway!
In addition, dog bites are the second most leading cause of injury to children. Typically, an individual bitten by an animal may have the legal right to obtain compensation from the animal's owner or other responsible party. There are more than one billion dollars in damages paid out annually for dog bite attacks by homeowner's liability insurance companies. Lawsuits for dog bites are under the category of personal injury law, which allows victims of dog bites and other injuries to pursue compensation for injuries caused by another party's negligence. Causes of Dog Bites And Dog Attacks
There are many causes for dog bites. When a dog is trying to protect his domain, is in an unfamiliar or threatening situation or environment, or it is disturbed while engaging in what a dog feels is important activity such as eating or sleeping, a dog bite injury may result to the person present. Although rottweilers and pit bulls are responsible for about half of all dog bite injuries and fatalities, any breed of dog may bite.
There are many elements that may increase the probability that a dog will bite. People who chain up and/or mistreat their dogs will often become the victims of dog bites. A dog that has not been neutered or spayed is much more likely to bite. Between the ages of one and five male dogs are more likely to bite than female dogs. Dog Bite And Dog Attack Prevention
There are many measures that can be taken by dog owners and victims to prevent dog bites. Because dog owners are most often found liable for dog bite injuries, it is important that dog owners attempt to prevent risky situations that may result in a dog bite injury from their dog.
Neutering or spaying, training and proper treatment of an owner's dog combined with compliance to restraint and confinement laws are ways dog owners can prevent dog bites. People can decrease their potential of getting a dog bite injury by using caution when facing unknown or aggressive dogs. In addition, children should be taught to avoid strange dogs and how to treat dogs to reduce their likelihood of becoming dog bite victims. The Course Of Action to take with a dog bite and dog attack
When becoming the victim of a dog bite the first thing you need to assess is the need for medication attention. Most dog bites should be treated in some fashion to decrease the chance of infection.
If the dog bite was caused by a stray dog that could potentially have rabies, you should seek medical treatment immediately.
You should also obtain and write down information about the dog, such as its breed and owner, address and the names of any witnesses.
Reporting the dog bite to the local law enforcement or animal control agency may also be wise.
You should contact a personal injury attorney experienced in dog bites who can help you determine your legal options and rights.
An experienced dog bite lawyer can assist you in protecting and maximizing your interests in a dog bite lawsuit.
Owner Liability for Dog Bites and Dog Attacks
Finding out the name and contact information of the owner of the dog is the first step in determining liability for a dog bite injury.
In some states a "strict liability" is imposed which makes the owner liable for the dog bite injury regardless of whether or not the owner's negligence caused the dog bite. In this case, even if the owner had no reason to believe that his or her dog was dangerous, the owner would be held liable for the dog bite. In other jurisdictions the owner of a dog can only be held liable for dog bite injuries the dog inflicts if the owner had reason to believe that the dog had the potential to be dangerous. It can be difficult to determine whether or not an owner had reason to believe that a dog was potentially dangerous. In making this determination the most common question that arises is whether or not the owner should know of the dog's potential to inflict a dog bite, or if the owner only needs to know that the breed of dog is potentially harmful. For instance, if an owner's dog is a pit bull, does that mean the owner should know or believe the dog may inflict a dog bite injury simply because pit bulls in general inflict many dog bites each year? Other Parties May Be Liable
Dog owners are not the only people who may be held liable for dog bites. Anyone made responsible for the care of a dog may be considered a dog keeper and may be held liable for a dog bite injury. This can include dog walkers, kennels or a dog sitter.
In the case of a minor owner of the dog the parents of the child may be held responsible for a dog bite injury even though they did not have direct involvement with the incident. Additionally, a property owner may be held responsible for dog bite injuries which occurred due to a dog allowed to come onto his or her property. In apartment buildings the landlord may be held liable for a dog bite injury if the landlord had reason to believe that a tenant owned a dog potential of causing a dog bite injury. Assistance for Dog Bites and Dog Attacks
As in most types of law, jurisdiction and circumstance have an impact on dog bite law. A statute of limitations may limit the time allotted to file a dog bite injury lawsuit. Typically, a dog bite victim has the right to seek compensation for their dog bite injury from any party whose negligence contributed to the events which caused the dog bite, including a party not in compliance with leash or restraint laws and any party who knowingly keeps a dog with a history of inflicting dog bite injuries.
Compensation Possible for Dog Bites and Dog Attacks
Depending upon the seriousness of the dog bite injuries and the circumstances surrounding the dog bite, you may be entitled to compensation for:
medical costs
loss of income
pain and suffering
property damage
In certain cases dog bite victims may also be given punitive damages, which are intended as a punishment for the liable party's behavior.
To gain punitive damages the dog owner's conduct must extend beyond negligence, such as reckless or intentional behavior. For instance, if a dog owner knew his dog had the potential of inflicting a dog bite injury yet allowed the dog to run free near a school causing a child to receive a dog bite injury, a judge or jury could determine that punitive damages are appropriate. Getting Help
If you are a victim of a dog bite injury, you may be able to recover compensation or damages. Contact an attorney experienced in dog bite personal injury law to assist you in determining your legal options and rights is the best course of action to ensure that you receive fair compensation.
If you, or a loved one, has been the victim of a dog bite in jury in Kansas or Missouri, please do not hesitate to contact our office for a free consultation and case evaluation. Preserve Your Rights To Be Compensated - Contact Guilfoil Law GroupFailing to contact a personal injury attorney Immediately after you have been injured can be financially devastating to you and your family. Protect your rights and contact a Guilfoil Law Group now. Request a free initial claims evaluation. FREE INITIAL CONSULTATION - FREE INITIAL CLAIMS EVALUATION |